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Full text of "The history of North Carolina, from the earliest period"

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HISTORY OF NORTH CAROLINA 






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THE 



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HISTORY // ' 

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OF 



NORTH CAROLINA, 



FROM THE EARLIEST PERIOD. 



BY FRANCOIS-XAVIER MARTIN. 



Colonia autemjura, institutaque populi Romani, non sui 

arbitrii habebant. 

Gel. lib. 16, cap. 23. 



VOLUME I. 



ITEVr-ORLEANS: 



PRIJSrTED BY A. T. PEJVJ^IMAJV Sf qp,., , „ . . 
Corner of Chartres aud Bienville Street^.; : r '•* '• 



1829 



Mav 1^13 



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Eastern BistHct of Louisiana, ss. 

Be it remembered, That on the twentieth day of July, in the 
year of our Lord one thousand eight hundred and tMenty-nine, and of the 
independence of the United States the fifty-third, FRANCOIS-XAVIER 
MARTIN, of the said district, hath deposited in the Clerk's office for the 
District Court of the United States for the Eastern District of Louisiana, 
the title of a book, the right whereof he claims as author^ to wit: 

*' The History of North Carolina, from the earliest period. By 

Francjois-Xavier Martin. 

Colonioi auteinjura, institutaque populi Romania non sui 
arhitrii, habebant. 

Gel. lib. 16, cap. 23. 

In conformity to an act of Congress of the United States, entitled " An 
act for the encouragement of learning, by securing the copies of maps, 
charts and books to the authors and proprietors of such copies during 
the times therein mentioned;" and also, to the act entitled "An act sup- 
plementary to an act, entitled ' an act for the encouragement of learnings 
by securing the copies of maps, charts and books,^ to the authors and 
proprietors of such copies, during the times therein mentioned,' and ex- 
tending the benefits thereof to the arts of designing, engraving and etching 
historical and other prints." 

FRANKLIN W. LEA, 

Clerk of the United Court for the Eastern ZHstrict- 

of Louisiana, 






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**5 



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PREFACE. 



An historical inquiry into the discovery, 
settlement and improvement of the country, 
now covered by the important member of 
the North American confederacy, on the 
shores of which the English made their first 
attempt towards colonization, is certainly an 
object of general curiosity ; and the work 
has been undertaken, in the hope, that, if it 
be not too negligently performed, the youth 
of North Carolina may not find it void of 
interest and utility. 

If it be true, that history is the best mean 
of teaching and exercising the minds of those 
who destine themselves to public life, this 
advantage will, more certainly and eminently 
be found in the annals of the country, which is 
to be the theatre of one's actions: especially, 
if these annals present the rare and interest- 
ing spectacle of a handful of adventurers, 
attempting, with incredible toil and danger, 



VI ; PREFACE. 

a settlement in a new world, and after re- 
peated disasters, successively falling victims 
to- their enterprising spirit, and the cruelty 
and treachery of the aborigenes : next, that 
of a new set, continuing the like efforts, un- 
dismayed by a beginning so disastrous, 
enduring for years the combined calamities 
of famine, disease and war, succeeding at 
last, in laying the foundation of a colony, 
which suffered a long time, under the errors 
of a theoretical system of government, ill 
calculated for its moral and local condition, 
struggled afterwards under the oppression of 
q,n unnatural parent country, and finally, 
shaking off the yoke of dependence, through 
alternate vicissitudes of misfortune and 
success, became a powerful state. 

Imperfect as the present publication is, it 
began to engage the attention of the writer 
as early as the year 1791: at that period, the 
legislature of North Carolina afforded him 
some aid, in the publication of a collection 
of the statutes of the parliament of England, 
then in force and use within that state. In 
preparing that work, he examined all the 



PREFACE. VII 

Statutes from Magna Charta to the Declara- 
tion of Independence, and an arrangement 
of all those which related to America, afford- 
ed him a complete view of the colonial sys- 
tem of England. In 1803 he was employed 
by the same legislature to publish a revisal of 
the acts of the general assembly, passed dur- 
ing the proprietary, royal and state govern- 
ments, and the local information he acquired 
in carrying into effect the intentions of those 
who employed him, suggested the idea of 
collecting materials for a history of the 
state ; and when afterwards he had the honor 
of representing the town of Newbern, in the 
house of commons, he was favored with a 
resolution of the general assembly, authoriz- 
ing the secretary of state to allow him access 
to the records of his office. In the speeches 
of the governors, at the opening of the ses- 
sions of the legislature, he found a reference 
to the principal transactions during the re- 
cess, and there were few important events, 
particularly relating to the state, which left 
no trace on the journals of the legislature, 
or the proceedings of the executive. 



vni PREFACE. 

During several journeys, which he afters- 
wards made to several parts of the country, 
he received considerable information from 
individuals. Mr. George Pollock of New- 
bern, confided to him an official letter book, 
and several documents left by one of his 
ancestors, who came to the county of Albe- 
marle, in the latter part of the seventeenth 
century, and who, in the beginning of the 
following, exercised the functions of chief 
magistrate over the northern part of Caro- 
lina. The late governor Johnson, a nephew 
of Gabriel Johnson, who presided over the 
affairs of the province from the year 1734 
to 1754; governor Smith, who was in pos- 
session of the papers of president Rowan, 
and governor Ashe, whose ancestors were 
among the earliest settlers of the country, 
afforded considerable materials. The gen- 
tlemen in possession of the records of the 
Quaker meetings, in Perquimans and Pas- 
quotank counties, and the head of the TJni- 
tas Fratrum, or Moravian Brethren, cheer- 
fully yielded their assistance, 



PREFACE. IX 

A citizen of North Carolina, beino* a citi- 
zen of the United States, has a right to ex- 
pect, in a history of his own state, some 
notice, not only of the settlement of, but also 
of the most prominent events that took 
place in, the sister states ; and, as the affairs 
of the mother country have necessarily a 
considerable influence on those of her colo- 
nies, the principal wars, in which England 
was engaged, must necessarily be noticed in 
the history of any of her American pro- 
vinces. Under these impressions, the neces- 
sary informa,tion, in this respect, was sought 
in the most approved publications. 

The writer imagined, he had collected 
sufficient materials to justify the hope of 
producing a history of North Carolina, 
worth the attention of his fellow citizens, 
and he had arranged all those that related 
to transactions, anterior to the declaration of 
independence, when, in 1809, Mr. Madison 
thought his services w-ere wanted, first in 
the Mississippi territory and afterwards in 
that of Orleans; and when the latter terri- 



*J8 



X , PREFACE. 

tory became a state, the new government 
thought proper to retain him. 

He had entertained the hope, that the time 
would arrive, when disengaged from pubUc 
duties, he might resume the work he had 
commenced in CaroUna; but years have 
rolled away, without bringing on this period ; 
and a shock his health lately received during 
the year of his great climacteric, has warn- 
ed him, that the moment is arrived when his 
intended work must engage his immediate 
attention, or be absolutely abandoned. 

A circumstance, for some time, recom- 
mended the latter alternative. The public 
prints stated, that a gentleman of known 
industry and great talents, who has filled a 
very high office in North Carolina, was en- 
gaged in a similar work ; but several years 
have elapsed since, and nothing favors the 
belief, that the hopes which he had excited, 
will soon be realized. 

This gentleman had made application for 
the materials now published, and they would 
have been forwarded to him, if they had 



PREFACE. XI 

been in a condition of being useful to any 
but him who had collected them. In 
their circuitous way from Newbern to New- 
York and New-Orleans, the sea water found 
its way to them : since their arrival, the mice, 
worms, and the variety of insects of a humid 
and warm climate, have made great ravages 
among them. The ink of several very 
ancient documents has grown so pale, as to 
render them nearly illegible, and notes 
hastily taken on a journey, are in so cramped 
a hand, that they are not to be deciphered 
by any person but him who made them. 

The determination has been taken to put 
the work immediately to press, in the con- 
dition it was when it reached New-Orleans: 
this has prevented any use being made of 
Williamson's History of North Carolina, 
a copy of which did not reach the writer's 
hands till after his arrival in Louisiana. 

The expectation is cherished, that the 
people of North Carolina will receive, with 
indulgence, a work, ushered to light under 
circumstances so untoward. 



XII PREFACE. 

Very ample notes and materials are ready 
for a volume, relating to the events of the 
revolutionary war, and another, detailing 
subsequent transactions, till the writer's de- 
parture from Newbern, in 1809. If God 
yield him life and health, and his fellow 
citizens in North Carolina appear desirous 
these should follow the two volumes, now 
presented to them, it is not improbable they 
will appear. 

Gentilly, near New-Orleans, > 
' July 20, 1829. 5 



THE 

HISTORY 

OF 

NORTH CAROLINA* 



CHAPTER I 

The country, the history of which is now at- 
tempted to be traced, was first known to the Eu- 
ropeans, in the year 1512, twenty years after the 
landing of Christopher Columbus in the new world., 
as an undefined part of the vast section of the north- 
ern continent of America, which was then discover- 
ed by Juao Ponce de Leon, a subject of the crown of 
Spain. He gave it the name of Florida, either from 
its flowery appearance, or from the circumstancjfof 
his first discovering it on Palm Sunday. He landed 
on the most southern part of the continent, near a 
small river, which fails into the gulf of Mexico, a 
few leagues to the south of the present town of 
Pensacola. 

Sebastian Cabot, however, had fifteen years be- 
fore sailed along the eastern coast of that conti- 
nent, from that latitude to the 56th degree, under a 
commission from Henry VIL of England, without 
any attempt towards a settlement. ^ 

On the return of Juan Ponce de Leon to Spain, 
his sovereign bestowed on him a grant of Florida. 
He soon after made a second voyage; but on his 
landing, the Indians fell on his men and massacred 

N. CAROI vlNA. I 



<2 CHAPTER [1520 

the greater part of them. In the conflict, the chief 
received a wound, which put an end to his existence, 
shortly after his arrival in Spain. 

Th^ French made three fruitless attempts to es- 
tablish a colonv on the continent of North America? 
in the year 1535. In the year 1506, nearly thirty 
years before, Jean Denys. one of their navigators- 
sailed from Rouen, visited and drew a chart of the 
gulf of St. Lawrence; and Thomas Aubert of 
Dieppe, in the year 1508, had sailed up the river 
of that name, and it is said, that as early as the 
year 1504, fishermen from Normandy and Brittany 
visited its shores. 

Lucas Vasquez de Aillon, in 1520, equipped two 
vessels in Hispaniola, for Florida, with the viev/ of 
seizing on a number of Indians, reducing them to 
slavery, and employing them in working in the mines. 
He passed through the Lucaye islands, and discovered 
the continent in the thirty-second degree of northern 
latitude, and anchored between two capes, then called 
Chicora and Guadalpe, on the river afterwards called 
Jordan river. The Indians fled, on the landing of 
the Spaniards, who overtook two of them and car- 
ried them on board ; and after giving them meat and 
drink, they suffered them to return to their friends. 
This courteous demeanor, induced the Indians to come 
on board in great numbers^ bringing a large quantity of 
fowls and vegetables. The Spaniards landed again, and 
proceeded a considerable distance in the interior of the 
country, where they were received with great hospitality 
and friendship. 

On their return, thev invited a number of Indians to 
an entertainment on board ; and weighing anchors in the 



1528] THE FIRST. 5 

midst of it, brought away their unsuspecting hosts. 
One of the vessels was lost at sea ; the other reached 
Hispaniola, but most of the Indians on board, perished, 
victims to their sadness, or an obstinate abstinence. 

Other vessels went from Hispaniola to Florida, and 
brought away a number of Indians, who were reduced 
to slavery, and employed in working the mines. 

Vasquez having obtained the king's privilege, sent 
several vessels to Florida, in 1524 ; and his ambition 
being excited by the information which he received, 
that the land was extremely fertile and contained mines 
of gold, sailed with those vessels in 1525 ^ and proceeded 
to the river Jordan, where he lost one of his vessels on 
the cape of St. Helena, and two hundred of his men 
were, on his landing, massacred by the Indians. 

In 1523 and the two following years, the same 
coast was explored with a considerable degree of 
accuracy, by Giovano Veranzzany, employed by 
Francis I. of France. 

Pamphilo de Narvaez obtained, in 1526, from 
Charles I. of Spain, the office of governor of all the 
lands which he might discover, from Rio de Palmas, to 
the confines of Florida. He sailed in the latter part of 
the year 1528, from tlie port of Yagua, on the;>outhern 
coast of the island of Cuba; and having passed round 
the island, they left its nothern coast, at the distance of 
twelve leagues above the Havana; and taking advantage 
of a strong southern wind, they reached the coast of 
Florida, in the gulf of Mexico, on the 12th of April. 
He landed on the next day, and procured fish and 
Venison from the natives. It is said, one of their huts 
was so capacious as to be capable of sheltering three 
buadred men. He discovered in the possession of 



4 CHAPITER [152& 

the Indians, a cymbal of gold, which induced Narvaez 
to believe that this metal was in abundance in the 
neighborhood. He landed ten men and forty horses, 
and took possession ot the land with the accustomed 
ceremonies. The Indians, though they could not make 
themselves understood by the Spaniards, manifested 
by their countenances and demeanor, the reluctance 
with which they received them. The Spaniards, pro- 
ceeding farther, came to a tribe of Indians who received 
them better, and supplied them with corn ; and saw here 
some boxes containing the skelt tons of dead men, cover- 
ed with skins. Narvaez sojourned several days near 
these Indians, and made frequent excursions into the 
country, during which he had several skirmishes with 
t^em. At last, destitute of provisions, and finding 
nothing but a sterile country and impassable roads, he 
re-embarked; but tlie greatest part of his men perished, 
through fatigue, hunger and disease. Those who es- 
caped these complicated disasters, reached Rio de 
Palmas. Narvaez was not among them : hfs ship 
fou^'dered in a storm, aiid he was never heard of. 

A little more than ten years after, Ferdinand de 
Soto was sent by the crown of Spain as governor of 
Florida. More fortunate or more prudent, at first, 
than those who had preceded him, he effected the 
landing of the colonists who accompanied him, with- 
out the loss of any of them : they were as nume- 
rous as those whom Narvaez had brought from 
Spain. For a while, this was the first successful es- 
tablishment of a colony of Europeans on the conti- 
nent of North America. It supported itself during 
five years against the natives who at last vanquish- 
ed and destroyed it. The Spaniards during that 



1549] THE FIRST. o 

period made no effort to obtain their subsistence by 
agriculture: they employed their time in excur- 
sions into the country, in a fruitless search after the 
precious ores. 

Jacques Cartier is said to be the navigator, who 
in the year 1534, gave the name of St. Lawrence to 
the gulf and river, from the circumstance of his enter- 
ing them on the day of the festival of that Saint. Irt 
the folIowif)g year, he wintered in the country, 
now called Canada, to which he gave the name of 
New France. He went as high up as a place then 
called Hochelaga, now Montreal He returned in 
the year l.'i40, and began a settlement at a short 
distance from the spot on which the city of Quebec 
was afterwards built. Tv»o years after, Mons. de 
Robertval, with two ships and two hundred men 
proceeded up the river St. Lawrence, twelve miles 
above the island now called the island of Orleans, 
built a fort, and wintered there. 

In 1544, Carthagena was invaded by a company 
of French adventurers. This is the first act of hos- 
tility between European nations, in the new world. 

Although the British nation had yet made no ef- 
fort to form any estabhstiment in America, their ships 
had for several years been engaged in the fishery at 
Newfoundland. In the year 1548, the first British 
statute relating to America was passed; the ob" 
ject of it was to repress the extortions of the officers 
of the admiralty who demanded a duty or part of 
the profits on every voyage made to Ireland, Iceland 
and Newfoundland. 

In 1549, Charles V. of Spain, sent Lewis de Be- 
luastro^ a Dominican friar, to Florida, with orders to 



^ CHAPTER , [1564 

reduce the natives to the Christian faith and Span- 
ish obedience; and he and two of his followers 
were slain, and eaten by the savages. 

The country remained unnoticed by the Euro- 
peans until the year 1562, when Jisper de Coligny, 
admiral of France, procured two vessels to be fit- 
ted out, under the orders of Jean Ribaud, for the os^- 
tensible purpose of discoveries on the eastern coast 
ofthe continent of North America, but perhaps with 
a view of securing an asylum for the protestants of 
France, if a continuation of ill success should des- 
troy their cause in that kingdom. The adventurers 
made the land in tlie highest degree of northern lati- 
tude, near a cape to which they gave the name of 
Cape Frangais; it is one of the promontories ot the 
estuary on which the town of St. ^Augustine now lies, 
and they landed on the banks of the river St. iMary, 
which now separates Florida from Georgia. After 
spending some time in reconnoiteriug the country, 
and carrying on some little trade with the natives, 
finding themselves in no condition to effect a settle- 
ment, they returned home, bringing to their country- 
men the best account of the climate, the country 
and its inhabitants, which their short stay could 
enable them to procure. 

The admiral, charmed with the report, deter- 
mined on forming a settlement, that might afford 
him and his companions a retreat, which the cir- 
cumstances ofthe times rendered daily more neces- 
sary. Unforeseen difficulties delayed the small 
fleet wiiich he procured for this purpose till the year 
1564. Five or six ships then carried as many hun- 
dred pereons to begin a colony, under the orders of 



1584] THE FIRST. '^ 

Rene Laiidoniere. They disembarked at the place 
of landing of the first expedition. They immedi- 
ately commenced the building of a fort, which was 
called ^drx Carolina^ or Fort Charles^ and the coun- 
try Caroline^ in honor of Charles IX. who then fill- 
ed the throne of France. The colony w^as hardly 
settled, when the Spaniards, who then asserted an 
exclusive right to the whole continent, sent a consi-, 
derable force under Admiral Don Pedro Menendez 
to attack it. The French, too small in number to 
offer any resistance, sought their safety in submis, 
sion; but the cruel enemy, deeming that no faith 
needed to be preserved v» ith the Huguenots, disre- 
garded the promise, under which the weaker party 
had been induced to yield, and treacherously put 
them to the sword. A few, however, escaped to the 
woods: they were pursued and hung to the trees, 
with this deriding inscription, not as Frenchmen^ biff 
as Heretics. 

Far from endeavoring to avenge this outrage, the 
ministers of Charles VII. rejoiced at the miscar- 
riage of a project, which indeed they had sanctioned, 
but which they did not relish because it had origi- 
nated with the chief of the Huguenots, and the suc- 
cess of it might have given strength to their cause. 
The fanaticism of the times confirmed their resolu- 
tion to manifest no resentment; an individual was 
to do what the nation ought to have done. 

Dominique de Gourgues, a Gascon, an able and 
bold navigator, the known enemy of the Spaniards, 
on whom he had personal injuries to avenge, ar- 
dently attached to his country, fond of hazardous 
undertakings and of glory, sold his patrimony, built 



«» 
o 



CHAPTER [1684 



a few vessels, and uniting to himself some choice 
companions, went in pursuit of the murderers of his 
countrymen in America, drove them from one fort 
to another; vanquished them every where, hung a 
number of them to the trees on the sea shore, and 
opposing derision to derisiv»n, inscribed over them, 
not as Spaniards^ but assassins. 

Here ended this expedition. De Gourgues, either 
from want of provisions, or the apprehensions that 
the friendship of the Indians would cease, with the 
means of purcliasing it, or that the Spaniards might 
arri "e in numbers suiFicient to overcome him, des- 
xfoyed all the forts whsch they had erected, and sail- 
ed back to France. He was received b;^ hi< coun- 
trymen with all the admiration he deserved: not so 
hy the court; despotic and superstitious, it had 
every tiling to fear from virtue. 

Neithi rthe French nor the Spaniards made anj 
further attempt to transplant a colony into Caroline: 
this was to be the work of the English. Their first 
attempt was made in 1.^84. On the 22d of July of 
that year, the English flag was displayed before the 
shores of Carolina by Arthur Barlow and Philip 
Amidas. They were the commanders of two small 
vessels built by Sir Walter Raleigh, who had ob- 
tained from queen Elizabeth a patent, authorising, 
lim, his heirs or assigns, to take possession of such 
remote, heathe > and barbarous lands, as were not 
occupied by any Christian prince. Amidas and 
Barlow had sailed from the Thames, and taking 
their route by the Canary and West India islands, had 
approached the continent towards the gulf of Mex- 
ico, after a passage of fifty-seven days. 



1584] THE FIRST. -& 

A fragrant odour wafted to the adventurers, 
the glad tidings of tlie vicinity of the land, some 
time before they could descry it. The coast at first 
offered no convenient harbor, and they sailed by it for 
upwards of one hundred miles, without discovering 
any. They entered however with difficulty and cau- 
tion, the first inlet which tiiey saw, and having 
returned thanks to God, went ashore to take posses- 
sion of the land in the name of their sovereign. 

At first, they judged themselves on the continent, 
but taking advantage of an eminence, they discover- 
ed that the sea surrounded them. Theisland appear- 
ed to be seventy miles in length, and six in breadth: 
it lay between cape Fear and cape Hatteras, and 
was very low, and is concluded to be that of Ocra- 
cock, or some other near it along the coast, now in 
the county oi Carleret. Stately cedars, pines, cy- 
press, sassafras, and other trees of a fragrant smell, 
covered it; on them numerous and large clusters of 
grape hung in natural festoons; and the land abound- 
ed in deer, raccoons, and svild fowls. They were 
nearly three days on this island, without seeingany of 
the natives; on the third, three Indians came in a ca- 
noe from the main land; they fearlessly approach- 
ed the strangers, and one of them went on board one 
of the vessels; he chattered much, ate, drank, and 
gladly accepted a shirt and a hat, which were pre- 
sented [nm; after viewing attentively every thing 
on board, he went away,* and in a short time 
returned with his canoe loaded with fish. 

On the next day, a groat number of Indians came 

in large canoes: among them was the king's brother; 
the English learnt from him that hib name was 

N. CAROLINA, 2 



iO CHAPTER * {1584 

Granganameo, that of the king Wingina, and that 
the country was called Wingadocea, and the island 
Woccon. The natives were generally tall and 
well shaped, very respectful to the chief, and cour- 
teous to each other. The king lay at the principal 
town, ill from the wounds he had lately received in 
battle. Granganameo sat down on a mat, v^ hich 
was spread for him, and received the English, with- 
out manifesting the least fear, as they approached 
him with their arms; he invited them by signs to sit 
down, and stroaked his own head and breast and then 
theirs, as a mark of courtesy. Four of the natives sat 
down also: the others stood up around. The English 
made presents to Granganameo, and the four Indians 
who were sitting; but he took the whole to himself. 
The parties having spent some time in traffic, separated. 

Two days after, Granganameo paid the English 
another visit, came on board, and ate and drank merrily. 
He had brought a quantity of dressed deer skins, which 
he bartered for a copper kettle and a pewter plate. The 
latter pleased him so much that, boring it in the rim, he 
hung it to his neck as a breastplate. He afterwards 
brought his wife and children to see the vessels : she 
was of a short stature, but remarkably well made; her 
behaviour was modest. She had on a long loose coat, 
with a short apron of leather; a band of white coral en- 
circled her temples, and strings of large pearl, hung from 
her ears down to her waist. The children were fanci- 
fully decked with red copper and feathers. The women 
who attended her, had pendants of red copper in their 
ears. 

The Indians came daily from the surrounding shores, 
with leather, coral, several kinds of dye stuffs, bucks^ 



1585] THE FIRST. il 

rabbits, hares, fish, melons, cucumbers, and various 
roots. . . ' 

An acquaintance having been thus contracted, by 
mutual beneficence and kindness, Amidas ventured, 
with a party of seven men, up the sound, now called 
Pamplico, then Occam. He reached, on the fi^llowing 
day, an island, then, and still called Roanoke, now in 
the county of Currituck ; and went up to a small vil- 
lage, consisting of nine houses, one of which, was that 
of Granganameo. It was large, divided into several 
apartments, built of cedar, and fortified around with 
sharp pieces of timber. The village itself, was sur- 
rounded by a high pallisade, which had a gateway, 
guarded by a sort of turnstile. The chief was from 
home, but the visitors were received and entertained by 
his wife, with courteous hospitafity. She despatched 
some of her people to draw up the boat of her guests, 
and bring the oars to the house : she washed their feet 
in warm water, and conducted them into an inner room, 
laid before them boiled venison, roasted fish^ and hominy; 
melons, baked roots, and various fruits, were afterwards 
offered. In the evening, the English retired to their 
boat, and putting a little off the shore, lay at anchor. 
She seemed concerned at the distrust which this caution 
seemed to manifest. Her attention to their comfort 
was not, however, lessened. She had their supper 
brought to the shore, and made several Indians remain 
there as a guard, during the whole night. 

The English were informed, that on the main land, 
on the shores of the great river Occam (Pamplico sound) 
stood a large town called Pomecock, (supposed to be 
near the mouth of Gibbs' creek, in the present county 
of Hyde) andat the distance of six days march, another. 



12 CHAPTER [1585 

called Skihoah. They were told also of a river called 
Cibo, which fell into Occam, in which were large quan- 
titles of muscles, bearing pearls. 

Wingina's dominions extended westward, as far as 
Chowanock river, and southerly, to Secotan, a town 
equidistant from Neuse, Tar river and Pamplico sound. 
There began the dominions of Piamancum, king of the 
Nussocks, whose chief town was called Pomonick. 
The Wingadocea and Nussock Indians had lately con- 
cluded a peace, which had terminated a very long and 
bloody war, occasioned by the treachery of the lattef, 
who, having invited the inhabitants of the town of 
Secotan to a feast, had slain the men, and detained the 
women as prisoners. 

Amidas returned to the shipping the next day. 
With a view to try the strength of the soil on the island 
before which they lay, they had committed ty the ground 
a few peas; after ten days, they had risen to the height 
of fourteen inches. 

The English being too small in number to attempt a 
settlement, and the present being only a voyage of dis- 
covery, a few days were spent in obtaining the best 
information respecting the neighbouring continent, and 
trafficking with the natives, who daily came on board to 
barter their rude productions, for the commodities of the 
English, especially for their iron and other useful metals: 
after which the vessels sailed for England, where they 
arrived on the 15th of September. Two of the na- 
tives, Manteo and Manchefe, voluntarily accompanied 
Amidas. 

Queen Elizabeth was so much pleased with the 
splendid description, which the adventurers g^ve of the 
climate, the soil, and the productions of the country 



1586] THE FIRST, 15 

they had visited, that, flattered with the idea of pos- 
setssing a territory abounding with such advantages, she 
gave it the name of Virginia, as a memorial of its having 
been discovered under the auspices of a virgin queen. 

Sir Walter, anxious to take possession of so valu- 
able a property, fitted out, early in the following year, 
seven small ships laden widi arms, ammunition, and pro- 
visions, with t'ne view of carrying thither a sufficient 
number of colonists, to effect a permanent settlement. 
He gave the command of this small fleet to Sir Richard 
Grenville, his kinsman, whom he had interested in 
the enterprise ; who left Plymouth on the tenth of 
April, taking the southern route. He spent some 
time cruising against the Spaniards in the West Indies, 
and did not arrive on the continent till the latter part of 
June; and landing on both the islands of Ocracock and 
Roanoke, visited the shores of the continent along 
Pamplico and Albemarle smind, and a .^reat lake called 
Paquinip, now Mattamukee. Parties of his men 
went out northerly, as far as the bay of Chesapeake ; 
westerly, to the Chowanocks, up Wcapomcie river, 
(Albemarle sound) on the shores of which, were the 
towns of the Pasquenocks, Pasquotanks, and Chepavvrr, 
in that part of the country now known as the county of 
Perquimans, Muscamung, the westernmost town of 
Wingadocea; thence along Chowanock (Chowan) river; 
they went to the town of Mavaton, on the eastern bank 
of that river, near the spot on which Canon's ferry has 
been established, and higher up that of Opanock, on 
the opposite bank, a little below the confluence of 
Meherrin and Nottoway rivers. The Indians in this 
settlement were very numerous, and in time of need 
were able to send forth seven hundred warriors: the 



14 CHAPTER [1586 

English found about half way between Roanoke and 
Tar rivers, the town of Wanjoacks and that of the 
Pananarocks on the latter. 

Sir Richard, next proceeded to cape Hatteras, where 
he was visited by Granganameo, who came to renew 
his acquaintance v/ith the English; this was the last 
time they saw that chief, who died a few days after. 

On the 25th of August, Sir Richard, sailed for 
England, leaving a colony of one hundred and eight 
persons, under the orders of Ralph Lane, The choice 
of this spot was not fortunate, the island being in a 
bleak sound, and destitute of a convenient harbour. 

The chief, as well as tlie most beneficial object of the 
attention of the colonists, after providing the means of 
subsistence, ought to have been the attainment of an 
accurate knowledge of the country around them ; to 
this they were not absolutely inattentive, neither were 
their labors altogether unsuccessful. Gold, however, 
was the principal inducement that tempted Europeans 
to visit America; and towards the discovery of mines 
were the thoughts of the adventurers incessantly bent. 
They had persuaded themselves that the country of 
which they were in possession, could not be destitute 
of precious metals, with which, America was imagined 
to abound. 

/ With a view to realize the fond hopes which they 
entertained, the colonists reconnoitred the neighbouring 
continent. The Indians soon discovered the object 
which the English sought with so much avidity: and 
Menotoscon, king of the Chowanocks, amused gover- 
nor Lane, with tales of rich mines in the western parts 
of the country, which they had not yet explored. He 
«poke of a copper mine, and a pearl fishery; and gave an 



1585] THE FIRST. lo 

account of the river now called Roanoke, which, he 
described as rising from a rock so near the sea, that, 
during high winds, the surge beat over the spring. 
The governor sanguinely concluded this sea to be the 
gulf of Mexico, the Pacific Ocean, or some arm that 
opened into it. Their heads being filled with these 
chimerical ideas, the English formed various schemes, 
and undertook a fatiguing and hazardous journey up 
that river, at the instigation of Wingina, to visit the 
Moratuck Indians, the great nation called the Morjoacks, 
a number of other warlike tribes, and a great king, who 
dwelt at some days journey from the head of the river. 
So eager were they, and so resolutely bent on discovery, 
that they could not be induced to return, as long as 
they had a pint of corn a man, left, and two mastiff 
dogs, (which they boiled with sassafras leaves) that 
might afford them sustenance on their way back. 
However, after several days, having vainly undergone 
great hardship and danger, they at last returned, and 
joyfully reached their habitations on Roanoke island. 

The death of Granganameo had caused a great altera- 
tion in the affairs of the colony. His credit with Win- 
gma, his brother, and the interest of Ensenore, their 
father, had restrained the king's malice and perfidy 
within some bounds ; but, on the death of Granganameo^ 
he changed his name to that of Pennissassan, and be- 
came a secret, but a bitter enemy to the English. To 
his machinations, were chiefly owing the hardships they 
had undergone in their journey to the Chowanocks. 
He had given secret intelligence to those Indians, of the 
approach of governor Lane; and had sown seeds of dis- 
cord, between the white and red people. But a rumor 
being spread, that governor Lane and bis party were all 



16 CHAPTER [15S6 

slain, or starved in their journey up Monattuck, he 
began to blaspheme the God of the English, and endea- 
voured, by all the devices in his power, to annoy and 
distress them. 

Ensenore, his father, the best friend the English had, 
after the death of Granganameo, lost all his ability to 
serve and assist them. But their return with the son of 
Mcnatonon, (one of the greatest Indian kings) as a 
prisoner, joined to the tesdmony of Manteo, and the 
other Indians who had accompanied them, showing how 
little the English valued any people they met with, or 
regarded toils, hunger or death, restrained, for a while, 
his devices, and brought Ensenore again into credit and 
esteem. 

The king of the Chowanocks, soon after, sent a 
present of pearl to govt^rnor Lane, and Okisko, king of 
the Weapomeaks, who possessed all the country between 
Chowan river and Albemarle sound, up to the bay of 
Chesapeake, came, attended with twenty of his chief- 
tains, who, with their king, acknowledged their subjec- 
tion to the king of the English. This circumstance, 
and the persuasions of Ensenore, induced Wingina to 
seek, at least in appearance, the friendsliip of the 
English. He came with his people, planted their fields, 
and made weirs for them, when they w^ere near famish- 
ing. This good understanding was not, however, of 
long duration. The death of Ensenore put an end to 
it. For Wingina, under pretence of celebrating his 
father's funeral rites, laid a scheme of assembling sixteen 
or eighteen hundred Indians. With this force he intend- 
ed to cut off all the English at once. But his design 
was discovered to governor Lane, by his prisoner 
Okisko, the son of a king of the Chowanocks. The 



1586] THE FIRST. 17 

governor in his turn, endeavored to seize on all the 
canoes on Roanoke, with the view to secure the 
Indians on the island. They took the alarm, and a 
small skirmish ensued, in which five or six Indians 
were slain, and the rest effected their escape. A mu- 
tual distrust succeeded, until Wingina, being entrap- 
ped by the English, and killed, with eight of his men, 
the Indians were intimidated into a peaceable demeanor. 

The colonists having been inattentive to the culture 
of the ground, and the provisions which they had 
brought from England, being nearly exhausted, they 
found themselves under the necessity of imitating the 
natives, and resorting for food to the precarious supplies 
afforded them by the water and woods. This re- 
source proved insufHcient; and governor Lane sent 
parties of his men in different directions, to procure 
subbistence. Some went to the main to support 
themselves on roots and oysters. Twenty men were 
sent, under the orders of ciiptain Strafford, towards the 
Croatans, a nation of Indians then living on the southern 
shore of cape Lookout; and a Mr. Prideaux, went with 
twenty others, to cape Hatteras, to shift for themselves, 
and espy any sail passing by the coast, from which 
relief might be expected. 

These two detachments had not been long out, when 
one of captain Strafford's men returned to the island, 
bringing information of the approach of a fleet of twenty- 
three sail; and on the following day, the captain himself 
came, and handed to governor Lane, a letter from Sir 
Francis Drake. The adn iru was on his return from 
a successful expedition against the Spaniards, in South 
America, having taken Carthagena and the capita! city of 
Hispaniola, burnt the fort.s of St. Augustine and St. 

N. CAROLINA. 3 



rg CHAPTER [1586 

Helena, on the coast of Florida, and done much other 
injury to the enemy. He had been ordered to visit, on 
his return, the colony of Virginia, and to afford it pro- 
tection and assistance. He agreed to supply governor 
Lane with one hundred men, a small vessel, and provi- 
sions for four months. But, before he could afford this 
relief, his scheme was defeated by a sudden and violent 
storm, which forced out to sea, among many other 
ships, that, on board of which were the men and provi- 
sionsy destined for the colony. 

Discouraged by this misfortune, and w^orn out with 
fatigue and famine, the colonists unanimously deter- 
mmed on abandoning the country in the summer; or as 
soon as the discoveries they could make, would justify 
their return. 

For this purpose, a ship of one hundred and seventy 
tons, with sufficient provisions, was detached from the 
fleet; but, as she was of too great a burden to lie, with 
safety, in any of the harbors of the colony, and there 
was too great a danger in suffering her to ride in an 
open road, they prevailed on Sir Francis to take them 
on board of the fleet, which sailed for England on the 
19th of June; and they landed in Portsmouth, in the latter 
part of the following month; the colonists having re- 
mained about one year in Virginia. 

Such was the inauspicious result, of the first attempt 
to plant an English colony, on the continent of North 
America. The nation derived from it no other advan- 
tage, than some knowledge of the country and its inha- 
bitants, and of the introduction into England of a nutri- 
tive root, the cultivation of which* has since been won- 
derfully extended, principally in Ireland; and which 
furnishes now, a welcome dish to the table of the wealthy^ 



1586] THE FIRST. 19 

and a cheap food on that of the poor : and that of a weed 
of singular strength and power, tobacco, the use of 
wiiich, gradual'sy t-^x tended itself to every class of society 
aiid the demand for which has become almost universal. 

Harriot, a man of science and observation, who ac- 
companied governor Lane:, published, on his return, a 
short treatise, in which, he described with great accuracy, 
the climate, soil, and productions of the country. 

According to his account, the natives were generally 
well proportioned, straight and tall, their eyes black, or 
of a dark hazle, the white part streaked with red; their 
complexion was tawney, their bodies being kept daubed 
with bear's grease, blackened with burnt coals, or red- 
dened with the powder of a root, which they obtained 
from the Indians, who dwelt in the hilly part of the 
country. 

They believed in one eternal Supreme God, the crea- 
tor of the world, and in the immortalitv of the soul. 
They had an idea of a future state of rewards and pun- 
ishments, and imagined that there were Gods of an infe- 
rior order, who had assisted the Supreme one, their crea- 
tor, in the foundation of the world : and that mankind had 
sprung from a woman, who had conceived in the em- 
braces of one of the Gods. They founded these 
doctrines, on the authority of two persons, who had 
risen from the dead. The influence of these tenets, 
however, on their priests and chiefs, was much weaker 
than on the common people. The former, like the 
great in civilised countries, freeing their consciences 
from the shackles of a creed, and their actions from the 
restraints of religion, and sometimes of morality. 

They were not, however, so firm in these opinions, 
as to close up their minds against information. They 



20 CHAPTER [iSSa 

admirfd the watches, compasses, guns, burning glasseSp 
and other instruments of the English, and thouo;ht they 
were the work of the Gods, or at lea^t, that the Grids had 
taught the English how to construct them. Hence 
they listened with great attention, to conversation on 
religious subjects. Wingina himself joined the colo- 
nists in their prayers; and when he was sick, attributing 
his situation to some offence given to the God of the 
white people, he would beg them to pray for him, and 
intercede that he might dwell with him after death. 
Once, when a long drought had withered their corn, 
they considered their misfortune, as the punishment of 
their ill conduct towards the English; and they promis- 
ed them a portion of their corn, if they would pray to 
their God to cause it to ripen. 

The estimation in which they held the English, was 
considerably heightened, by a curious accident. An 
epidemical disease visited the country; the English 
were free from it ; and it fell with greater violence on 
some Indian tribes, against whom they had causes of 
complaint. The Indians thought it was the work of 
the God of the whites, or that the English shot invisi- 
ble bullets at their enemies; while others, noticing that 
they had no women of their own, and appeared not to 
care for any of theirs, imagined they were not immedi- 
ately born of women, but were individuals of a past 
generation, risen to immortality ; that there were more 
of them still, in the air, as yet invisible ; and who, at 
the entreaty of the others, made Indians die by shooting 
invisible bullets at them. 

The English, in their intercourse with the Indians, 
acquired a relish for their favorite employment of 
smoking tobacco. The plant grew spontaneous in the 



1586] THE FIRST. 21 

country; the natives called it Uppewock : they cured 
and dried the leaf, and g;round it into powder, which 
they put into earthen tubes and drew the smoke through 
the mouth ; it was in so high an estimation among 
them, that they had a tradition, that the Gods them- 
selves delighted in the use of it. They sometimes 
lighted fires, into which they threw powdered tobacco 
as a sacrifice ; and when they were caught in a tempest 
in crossing Occam, the wide sound ol Pamplico, they 
imagined the angry deities could be appeased by throw-^ 
ing it into the air and on the water. They implored 
the blessing of good luck upon their new nets, by 
casting some of it upon them ; and when they had 
escaped some eminent danger, they threw some of this 
dust in the air, with antick gestures, stamping the 
ground in time, and cadence, clasping their hands, and 
throwing them up with discordant cries. * 

Divided into small, independent tribes, each under 
its particular chief, they were much addicted to plun- 
der, and for that reason, frequently engaged in conten- 
tion and strife. A regard to mutual defence, had 
produced alliances among them. 

Deriving their principal subsistence from the chase. 
and the water, they bestov/ed very little attention on 
agriculture; they seemed to have no idea of any other 
than national property in land. They were accustomed 
frequently to change their abode, finding it convenient 
to wander from one place to the other, according as they 
were invited by the abundance of the game or fish: 
unrestained in their migrations by the cares of hus- 
bandry, or the possession of any property in cattle or 
land. 



^ CHAPTER {1586 

They were much addicted to theft and rapine : and 
their notions ol meum and tuum, were so limited, that 
a disregard of them could not be considered as a 
crime. 

Inhabiting, for the most part, marshy, or low sandy 
land, they were frequently in great dearth of provisions; 
and instigated by want and hunger, the strong and the 
weak could seldom withstand the temptations of vio- 
lence and fraud. When, in their frequent migrations, 
a number of them settled in any part of the country, 
'which wide water and extended dismal swamps sepa- 
rated from the habitations and range of the rest of the 
tribe, inclination and regard to mutual defence induced 
them to live together, and avoid as much as possible, 
any intercourse with the bulk of the tribe, who felt dis- 
posed to treat straggling individuals as enemies ; and 
when, in course of time, their multiplication rendered 
the colony too numerous, for the scanty supplies which 
the spot afforded, parties went to establish themselves 
at a distance, without dissolving the connexion, which 
had subsisted between them, and those thev had last 
left behind. 

The tribes were longer on the ground they occupied, 
as it «*fforded, by the vicinity of the water, or the abun* 
dance of the game, an easier subsistence to their mem- 
bers. 

Accounts of the climate, represented it as unfavour- 
able to health. During the summer months, the 
weather was extremely sultry, so as to render an expo- 
sure to the heat of the sun dangerous. Even the 
Bights, were said to be seldom so cold as to afford 
refreshment. In the middle of the day, sudden 



1586] THE FIRST. ^ 

storms ovcfclouded the sky, before clear and serene, 
and caused such quick alteration in the air as to chili the 
limbs, still moist with sweat, stopping perspiration, and 
often occasioning fatal diseases. In the fall, notwith. 
standing the coolness of the air, while the sun was under 
the horizon, it became oppressively hot when he was at 
a short distance from his meridian height; and heavy 
dews and thick fogs, rendered this season fatal. During 
the winter, an excessive degree of coid was, at times, 
though rarely, severely felt ; but alternate and sudden 
changes between freezhig and hot weather, distressed 
the colonists. Every shift of wind, brought on a sen- 
sible alteration in the temperature of the atmosphere. 
The spring began early, but was considerably retarded 
in its progress^ by the return of sharp and piercing 
winds, bringing back frost and snow, and the charms of 
that season were hardly noticed, when the extreme heat 
of the next was already felt. 

The colonists had been surrounded by a number of 
Indian tribes, some of whom were hostile, and all of 
them warlike ; and neither of whom saw, with much 
complacency, a part of their country, occupied by indi- 
viduals widely differing from them in appearance, man- 
ners and language. But spirituous liquor, an article 
which few Indians can taste, without craving more, and 
more, until it subdues reason , and for which, most will 
part with any thing they have in the world, rendered 
them the slaves of tlieir guests; and if there were 
an}'^ of them who withstood that temptation, knives, 
hatchets, hoes, and spades, were objects of inappreci- 
able value in their eyes. Those who ministered, as 
well to the real, as the imaginary wants of tte aborigines. 



24 CHAPTER [1586 

could not fail being* considered as welcome guests, or 
desirable inhabitants. The nearer tribes were supplied 
with the means of rendering themselves terrible in arms, 
by the use of fire arms ; and the friendship of the whites 
was courted, with a view to obtain this advantage, or 
prevent its being afforded to the enemy. By this means* 
allies were acquired among the neighbouring tribes, and 
securities against the attempts of distant ones. 

On the return of governor Lane, with his colonists, 
to England, the British were without any establish- 
ment in America. There was not a single individual 
of that nation living under British laws, in the new 
hemisphere ; the possessions of the Spaniards and Por- 
tuguese, in South America, were considerable. In 
North America, the crown of Spain had one or two 
forts on the coast of Florida. The French had a grow- 
ing establishment in Canada. We have noticed their 
progress in those parts as far as the year 1535 ; in that 
year, Jacques Cartier, having carried off in his ship one 
the Indian chiefs ; the circumstance so exasperated the 
natives, that, for a very great number of years, they 
absolutely refused to allow the French any trade in 
Canada. But towards the year 1581, a bark of thirty 
tons sailed up the riv-er St. Lawrence, from France, and 
was permitted to trade. Soon after her return, a ship 
of eighty tons, was fitted out of the island of Jersey; 
and in the year of 1583, three large French ships were 
employed in the trade to Canada ; one of one hundred 
and eighty tons? one of one hundred, and one of eighty. 

The British, the French, the Spaniards, and the Por- 
tuguese, had many ships emploved in the codfishery of 
New Foundland. As early as the year 1577, the 



1786] I^E SECOND. iib 

French had one hundred and fifty, the Spaniards one 
hundred, and the Britihh and Portuguese fitty ships, 
fishing there. The I nglish are said to have had the best 
ships, and to have there given the law^ to those of other 
nations ; and it is said, to account for the small number 
of their ships in that part of the w^orld, that they employed 
many in the fishery at Iceland, where the French from 
Biscay, had twenty pr thirty ships, to kill whales for 
train oil. 



Furchas — Smith — Stith-^Marshall 



ai, CARD. 4. 



CHAPTER II. 

Sir Walter Raleigh, in the year 1586, had provided a 
ship of one hundred tons, to carry succour to gover- 
nor Lane and his men; she, however, did not sail till 
the middle of April, and did not reach Virginia, till the 
latter part of June ; a few days after the depaiture of the 
colonists in Sir Frances Drake's fleet. Her comman- 
der, after having spent some time in fruitless endeavors 
to discover them, returned to England with his lading. 

A fortnight after. Sir Richard Grenviile arrived with 
three other ships, and an ample supply of provisions, 
but was unable to obtain any account of the ship which 
had preceded him, or of ihe men, whom, in the pre- 
ceding year, he had left on Roanoke; he sailed up and 
down the principal sounds and rivers, in useless quest of 
them; at last, unwilling to forego the right of posses- 
sion, he returned to the island, where he landed fifteen 
(some writers say fifty) men, to whom he gave a 
supply of provisions, and returned to England* 

In the following year, three ships were sent to Vir- 
ginia, under the command of John White, who was 
appointed governor of the colony, and was accompa- 
nied by eleven persons, who were to be his counsellors 
and assistants. Their names were Roger Baily, Ana- 
nias Dare, Simeon Fernando, Christopher Cowper, 
TUomas Stephens, John Sampson, Thomas Smith, 



-2^ CHAPTER [158T 

Dyonisius Harvey, Roger Pratt, George Howe, An== 
thony Cage. Sir Walter gave them a charter, incor- 
porating them under the style of " the governor and 
assistants, of the city of Raleigh, in Virginia;" and di- 
rected them to make their first settlement on the shores 
of the bay of Chesapeake, and to erect a fort there. 
This expedition took the old route, by the way of the 
West Indies, and narrowly esc iped destruction, on the 
shores of cape Fear. The danger which they ran was 
imputed to the carelessness, and by some, to the desiga 
of a sailor, who had accompanied Amidas in his first 
voyage, and was now acting as a pilot; he was sus- 
pected of an intention of occasioning the miscarriage 
of the expedition ; but the vigilance of captain Strafford, 
who commanded the vessel on board of which this man 
was, prevented any fatal consequence; and they all arrived 
safe at cape Hatteras, on the 22d of July. 

The governor, with forty of his best men, went on 
board of the pinnace intending to pass up to Roanoke, 
in the hope of finding the men, whom Sir Richard 
Grenvillehad left there the year before; and after a con- 
ference with them, concerning the state of the country 
and the Indians, to return to the fleet, and proceed along 
the coast to the bay of Chesapeake, according to the 
orders of Sir Walter Paleigh; but no sooner had the 
pinnace left the ship, than Simon Fernando, the princi- 
pal naval commander, who was named as one of the 
governor's assistants, although he was destined to re- 
turn soon to England, called to the sailors on board the 
pinnace, and charged them not to bring back any of the 
colonists, except the governor, and two or three others 
whom he approved, but to leave them on the island ; for 
the summer, he observed, was far spent, and he would 



1587] THE SECOND. . 29 

not land the planters in any other pl^ce. The sailors on 
board the pinnace, as well as those on board of the ship^ 
having been persuaded by the master, to this measure, 
the .s:overnor judging it best not to contend with them, 
proceeded to Roanoke. At sun set, he landed with his 
men at the part of the island, on which Sir Richard 
Grenville landed his men, but discovered no sign of 
them, except the skeleton of a man w^ho had been killed 
by the Indians. The next day, the governor and seve- 
ral of the new comers, went to the north end of the 
island, where governor Lane had built a fort and several 
dwelling houses, the year before, hoping there to find 
some sign, if not certain information of the men left 
there by Sir Richard Grenville. But on coming to the 
place, and findhig the fort razed, and all the houses, 
though standing unhurt, overgrown with weeds and 
vines, and deer feeding within them : they returned in 
despair of ever seeing their looked-for countrymen alive. 
Orders were given on the same day, for the clearing and 
repair of the houses, and the erection of new cottages. 
All the colony, consisting of ninety-one men, seventeen 
women, and nine children, in all, one hundred and seven- 
teen persons, soon after landed, and commenced a 
second plantation. 

George Howe, one of the governor's assistants, 
having wandered to some distance into the woods, was 
attacked and slain, by a party of the Dassamonpeake, 
a tribe who dwelt on the main opposite to the island, in 
the neck formed by the river Alligator and the narrows, 
which now forms the lower part of the county of 
Tyrell, 

As soon as the houses were cleared, and measures 
taken for sheltering the colonists, governor \^^hite sent 



30 CHAPTER [155? 

captain Strafford, with a party of twenty men^ to the 
Croatans, a friendly tribe, who dwtit on the s( uthern 
shore of cape Lookout, in that part ot the country, now 
known as the county of Carteret, with the view of ob- 
taining some information of the place to which the men^ 
left by Sir Richard Grenville, had retreated. He learned 
that they had been surprised by a party ot Indians, of 
the Secotan, Agnasco,2ja, and Dassamonpeake tribes, 
who, Iiaving treacherously slain one of thtm, compelled 
the rest to repair to the house, in which they kept their 
provisions and weapons, which the Indians instantly set 
on fire ; that the English leaving the house, skirmibhed 
with the assailants for above an hour ; that in this skir- 
mish, another of their number was shot in the mouth 
with an arrow, and died ; that tht.y retired, fighting to 
the water side, where lay their boats, with which they 
fltd to cape Hatteras ; that they landed on a little island, 
on the right hand of the entrance into the harbor of Hat- 
teras, where they remained a while, and afterwards de- 
parts d, whither they knew not. Unable to obtain a more 
satisfactory acccount of his countrymen, captain Straf- 
ford returned with his party, to the fleet at Hatteras. 

The governor endeavored to renew and preserve, a 
good understanding, with the nations of Indians in the 
neighbourhood, but found it necessary to chastise the 
Dassamonpcake, who had murdered George Howe, and 
still continued troublesome. In the dead of night, he 
left the island of Roanoke, accompanied by captain 
Strafford and a chosen party of twenty men, guided by 
Manteo, who had ever remained a firm friend of the 
English. They reached the main by break of ddv^ 
marched up to the town, and, discovering some Indians 
sitting around a fire, they discharged their pieces at 



1587] THE SECOND. Si 

them : one was shot down, and the governor, judging 
the murder of George Howe sufficiently expiated, de- 
sired Manteo to inform the others, they had nothing 
more to apprehend. The English had scarcely groun- 
ded their arms, wl*en they discovert d they had fired on a 
party of their friends, the Croatans. These men having 
heard that the Dassamonpeake Indians, fearing the re- 
venge which the English had come to execute, had fled 
and left their corn ripe and ungathere*^, had come to cut 
and carry it away. Both parties joined in securing as 
much of it as was fit to be taken down, and retired, ieav- 
ing the rest unspoiled. 

On the 13th of August, Manteo was baptised, ac-> 
cording to the directions of Sir Walter Raleigh, and in 
reward for his services to the English, was called Lord 
of Roanoke, and of Dassamonpeake. 

On the 18th, Eleanor, a daughter of governor White, 
who had accompanied him, and was married to Ananias 
Dare, one of his assistants, was deUvered of a daughter, 
who was the first child born from English parents, in the 
new world; she was named Virginia. 

The supply of provibions brought from England, 
being considerably reduced, and necessity requiring 
immediate attention to the renewal of it, the colonists 
besought governor White to return to England, and 
solicit some further relief. He yielded to their entrea- 
ties, and sailed for England on the 27th of August, 
having remained but thirty-six days in his government. 
At his departure, the colony consisted of one hundred 
persons, and one of the islands near cape Hatter^s, had 
been selected for its principal settlement. 

Governor White, on his arrival in England, found 
the nation ia a great commotion, occasioned by a rumor 



32 CHAPTER [1588 

of an impending invasion by the Spaniards, who had 
fitted out an immenhe fleet for that purpose. A coun- 
cil of war had been formed by the queen, and charged 
with the direction of the warUke preparations which 
the emeri>;ency called for. It was composed of such 
persons as were in the highest reputation for miluary 
knowledge. Sir Walter Raleigh, Sir Richard Gren^ 
ville, Ralph Lane, governor White's predecessor in Vir- 
ginia, the persons whose exertions he had come to 
solicit, had been honored with seats at this board, and 
their time was taken up in the discharge of the duties, 
which iheir appointment imposed. However, in a little 
time, Sir Walter found leisure to fit out a small fleet tot 
the relief of his colony; and it was to have sailed early in 
the following year, under the orders of Sir Richard 
Grenville ; but the alarm, occasioned by the formidable 
armament made by the king of Spain, increasing, every 
ship was impressed, and Sir Richard was summoned to 
attend Sir Walter, in the county of Connvall, and assist 
him in training the troops arrayed there. Governor 
White, in the mean while, exerted himself so much, that 
he obtained two barks, with which he sailed from 
Biddefort, on the 22d of April. 

The crews of these vebbcls, who were more anxious to 
enrich themselves by plunder, than to hasten to the re- 
lief of their distressed countrymen, attacked every 
Spanish vessel they met ; and one of the barks falling 
in with two large ships of that nation, was, after a 
bloody fight, overcome, boarded and rifled. In the 
most distressed condition, unable to continue her voy- 
age, she returned to England. Three weeks after, the 
other came in, in the bame phght, and the voyage was 
abandoned to the great distress, and finally, the utter ruin 



1590] THE SECOND. $5 

of the colony, and the great regret of its patron and 
founder. 

Sir Walter was much disjointed, by the disappoint- 
ment of the fond hvopes he had hitherto entertained, and 
the miscarriage of all his attempts to settle his colony, 
notwithstanding tlie rare sums he spent in the prosecu- 
tion of his darling scheme. His attention beiii^ enga- 
ged in the warlike enterprises of the day, he determined 
on the transfer of his interest, in the discoveries made, 
under the patent he had obtained from his sovereign, to 
governor White, and some merchants and adventurers 
of the city of London. 

Accordingly, by an indenture, which bears date, the 
7th of March, 1589, he granted to Thomas Smith, John 
White, and others, full power to ca**ry to Virginia, such 
of the queen's subjects as might be willing to go 
thither, and to plant and inhabit the country, with free 
trade, to them, their heirs, and assigns, to an(J from Vir- 
ginia, or any part of America, to which he might claim 
an interest, title, or privilege. Sir Walter, in this instru- 
ment, takes the title of chief governor of Assamacomoe, 
alias Wangadacea, alias Virginia; and he finally closed his 
concerns in the colony, by a donation of one himdred 
pounds sterling, to be appropriated to thepiomotion of 
Christianity among its inhabitants. 

The supplies which governor White had come to so- 
* licit, were much delayed by this transfer of property. 
The assignees suffered iwilve months to elapse, before 
they procured any shipping to carry relief to the colo- 
nists. Three ships were at last equipped at Plymouih, 
and sailed under the orders of governor Whiie, on the 
£Olh of March, 1590; a thirst for plunder ii.duccd the 
crews of these ships, to lose again, a consideruble tiracj 

if. CARO. 5 



34 CHAPTER [1590 

by taking the West Indies in their route ; and it was 
not til! the 3d of Aac;nst, that the expedition fell in with 
some of the sandy islands, near Ocracock ; from thence 
they proceeded to Harteras. which they did not reach 
till the 15th. On their approach, they were much re- 
joiced at seeing a smoke rising from the spot on which 
governor White had left the colonists, three years be- 
fore. A discharge of cannon was made to apprize them 
of the approach of succour, and captains Strafford and 
Cooke, were despatched with two boats- ; but, notwith- 
standing the most diligent search, they returned without 
having been able to obtain any intelligence of the per- 
sons they were in quest of. They made preparations 
the next morning to visit the island of Roanoke ; but 
the wind being at north east, in passing a bar, one of the 
boats was upset, and the other half filled with water. 
Captain Spicer, with six of his men, were dashed to 
pieces on the shoals : the other four, deterred by the 
fate of their companions, not trusting to their legs on 
the surf, but s^vimming in deep water, were saved by 
captain Cook. The courage of the survivors was so 
much damped by this accident, that they gave up the 
pursuit and returned to the shipping. 

A few days after, governor White prevailed on a 
party of nineteen men, to accompany him to cape Hat- 
teras. The people he had left there in 1587? had mani- 
fested, before his departure, an intention to remove to 
the main ^^and they had promised him. that in case they 
did so, they would carve, on some conspicuous tree, 
door or post, the name of the place to which they might 
determine on removing, placing a cross over it, in case 
they found themselves in distress, at the time of their 
departure. In landing on the cape, he caused a trumpet 



1590] THE SECOND. 'do 

to be sounded, a signal which he caused to be repeated 
at intervals, and in different places. No answer was 
given, V/b^n the party approached the spot from 
v/hich they had seen the smr^ke arise, on the day of their 
arrival, they [dwnd that the fire had proceeded from dry 
rgrass and soim" rotcen trees. After a very tedious 
search J ihey came to a high post or tree, on which were 
carvtd;he betters CHO, and at some distance, they read 
the word CRQATAN, on another.^ They gladly no- 
ticed the absence of the sign, intended to indicate a state 
of distress. The houses had been pulled down, and a 
large space enclosed by a high pallisadt ; within the 
pallisade, they found many bars of iron two pigs of 
lead, four iron fowlers iron sack shot, **and suchlike 
heavy things, thrown here and there, almost overgrown 
with grass and weeds." In the end of an old trench, 
they found five chests that had been carefully hidden^ 
three of which, governor White recognized as his own^ 
and adds, *' about the place we found many of my things 
spoiled and my books torn from the covers, the frames 
of some of my pictures and maps rotten and spoiled 
with rain, and my armour almost eaten through with 
rust." 

Every thing seeming to preclude the hope of making 
any further discovery, in remaining on the cape, the party 
determined on returning to the shipping. In doing so 
they were near perishing, a violent storm having arisen, 
ivhich lasted the whole night. As soon as it subsided, 

• 

* The stump of a live oak, said to have been the tree, on 
which this word was cut, was shown, as late as the year 1778, 
by the people of Roanoke Island. It stood at the distance of 
about six yards from the shore of Shalon-bas-bay, on the lanct 
then owned by Daniel Baum. This bay is formed by Balla«<- 
point and Bauna's-point 



m CHAPTER [1590 

they vvei£!:hed anchor for Croatan, In the attempt one 
of the cables oi the ship in which governor White was, 
broke and carried off another anchor ; they let go the 
third, and the ship went so far adrift that she was near 
bein^^ stranded. Disheartened by so many untoward 
accidents, the stock of provisions on board the fleet 
being nearly exhai-.sted, the governor, for the present, 
abandoned the thought of any further search after the 
colonists, and sat sail for the West Indies, with the 
intention of refitting the vessels, wintering and pro- 
curing a supply of provisions, in order to return in the 
spring. 

Perhaps the hope of a better success, than in the first 
part of the voyage, in cruising against the Spaniards, 
induced this determination : if it did, the expectations it 
had created were disappointed. A few days after the 
departure of the -vessels from cape Hatteras, the wind 
proved unfavorable, and continuing in the same direc- 
tion for a long time, governor White directed his pilots 
to make the best of their wav to the Western islands, 
which he reached on the 23d of September; and after a 
short stay they proceeded to England. 

Sir Walter Raleigh's assignees, made no further at- 
tempt to discover or release the unfortunate colonists. 
They were never heard of. Lawson, who lived in 
North Carolina, during the first year of the eighteenth 
century, supposes *' they were forced to cohabit with 
the natives for relief and conversation." He adds, that 
the Hatteras Indians, who then lived on Roanoke island, 
or much frequented it, boasted, that several of their 
ancestors were white people, and *' could talk in a book;" 
the truth of which he thought confirmed, by several of 
them hiwing grey eyes, a circumstance which does not 



1593] THE SECONDv 37 

occur in any other tribe. The ruins of a fort were ex- 
tant in his days, and other traces of them are still discern- 
able. English coin, a brass gun, a powder horn, and a 
small quarter deck gun, made of iron strives, with hoops 
of the same metal, were shown to him as existing relics 
of the first adventurers. 

Although the French had not yet any fixed colonies 
in America, they were not inattentive to their discove- 
ries in Canada. In 1591, a fleet sailed from St. Malo, for 
the river St. Lawrence. The French resorted to the 
islands at the mouth of that stream, to fish for morses or 
sea cows ; the teeth of these animals were then sold much 
dearer than ivory ; they are a foot, and sometimes more, 
in length ; their hides, when tanned, are as large and 
much thicker than a bull's. A single bark caught, this 
year, fifteen hundred of them. 

War continuing between England and Spain, priva- 
teers of the former nation, frequently visited the West 
Indies in search of booty. In 1592, Christopher New- 
port conducted thither, three ships and a small bark, and 
took several prizes, on the coast of Hispaniola, in the 
bay of Honduras, and plundered and burnt several 
towhs, and obtained considerable plunder. 

In the following year, Georg Drake, an Englishman, 
made a voyage up the gulf of St. Lawrence, to the 
island of Nameo, and carried home intelligence of the 
profitable trade of the French in this part of America. 
Other English ships went at the same time, to cape Bre- 
ton, to fish for morses and whales. This is the first 
mention we find, of whale fishery by the English. Al- 
though they found no whale in this instance, yet they 
discovered, on an island, eight hundred whale fins, at a 
place where a Biscayan ship had been lost three years 



38 CHAPTER ' [1594 

before, and this is the first account we find of whale fins 
and whale bone, as an article of trade to England. 

Sylvester Wyat, of B^'istol, soon after sailed up the 
bav of St. Lawrence, in a bark of thirty-five tons, as far 
as the rite of Assumption, for the barbs or fins of whales 
and train oil. Ten leagues up the bay of Plauntra, he 
found the fishermen of St. John de Huz, Sebibeno and 
Biscay, to be upwards of sixty sail, of which, eight 
ships only were from Spain. At FauUon, foXirteen 
leagues to the westward of cape Brace, he found twenty 
sail of Englishmen ; and having, in their harbor, satis-* 
factorily made up his return cargo, he sailed for England. 

Sir Walter Raleigh sent, this year, captain Whidden, 
an old and experienced officer, to Guiana, in South 
America, and receiving flattering accounts from that 
country, determined on visiting it in person. Fitting out 
a fleet at a great expense, he sailed from Plymouth on 
the 6th of February following: aiming at Trinidad, he 
spent a month in coasting the island. Learning, during 
this period, the state of St. Joseph, a small city lately 
built by the Spaniads, on that island ; and knowing that 
the search for Guiana, could only be made in small 
crafts, and that his ships must be left several hundred 
miles behind, he deemed it unsafe to leave behind him a 
garrison of enemies, interested in the same enterprise, 
and in daily expectation of re-enforcement from Spain, 
Determined in this purpose, in the dusk of the evening, 
he boldly assailed the guards, and having put them to the 
sword, advanced with one hundred men, and by break 
of day took the city, which, at the entreaty of the In- 
dians, he sat on fire. He took Antonio de Boneo, the 
Spanish governor, prisoner, and carried him on board of 
his ship. Sir Walter was provoked to this measure by 



1595] THE SECOND. 39 

the treachery oF Boneo, who, the year before, had cap- 
tured ei£(ht of' captain Whidden's men, after having 
given his word, that ihey might take wood and water 
safely. It appears that he and his followers, had treated 
the Indians with great cruelty, which accounts for the 
attachment, these oppressed natives manifested for Sir 
Walter, and the English people, whom they considered 
as their detiverers. Bancroft, so lately as 1766, saysy 
*Hhe Charibees, of Guiana, retain a tradition of an 
English chief, who, many years since, landed among 
them, and encouraged them to persevere in enmity to 
the Spaniards, promising to return and settle among 
them, and afford them assistance. It is said that they 
still preserve an English jack, which he left with themp 
that they might distinguish his countrymen." **This," 
, adds Bancroft, ** was undoubtedly Sir Walter Raleigh, 
who, in the year 1595, made a descent on the coast of 
Guiana, in search of the fabulous city of Manoa del 
Dorado,''^ 

Leaving his ships at Trinidad, Sir Walter proceeded, 
with one hundred men, in boats, four hundred^ miles up 
the Oronoque ; but the river beginning, dangerously,' to 
swell, he returned without effecting any discovery. Se° 
veral petty kings of the country, howev^er, resigned 
their sovereignties into his hands, for the use of queen 
Elizabeth. It was his intention to seek for the colonists 
governor White had left in Virginia ; but violent storms 
compelled him to abandon his design. 

On the 25th of August, Sir Francis Drake and Sir 
John Hawkins, sailed from England with six of the 
queen's ships, and twenty-one private ships and barks, 
on an expedition against the Spaniards, to the West 
Indies. Om the way from Gaudeloupe to Porto Rico, 



40 ^ - CHAPTER. [1597 

Sir John Hawkins died; and was succeeded in his com- 
mand, by Sir Thomas Barkerville. Tlie next day, 
Sir Francis made a desperate attack on the shipping in 
the harbor of Porto Rico: but, obtaining Uttle advan- 
tage, he proceeded to the main, and took the towns of 
Rio de la Hache, Rancheria, St. Martha and Nombre 
de Dios. Sir Thomas Barkerville now marched, with 
seven hundred and fifty men, for the reduction of 
Panama; but the Spaniards having had notice of his 
design, had strongly fortified themseves, and he was 
obliged to abandon the enterprize. 

Sir Francis Drake, proceeding to Nombre de Dios, 
died on his passage, between the island of Escudo and 
Porto Beilo, on the 28th of January. His remains 
were, according to naval custom, sunk in the sea, very 
near the place where he first laid the foundation of his 
fame and fortune. The fleet anchored at Porto Bello, 
the same day ; but the inhabitants fled at the approach 
of the Enghsh, carrying away their goods. 

Sir Walter Raleigh, at his own expense, fitted out 
two vessels, under Lawrence Keymis, who made fur- 
tlier discoveries in Guiana. In the following year, he 
sent thither Leonard Berne, in a pinnace. This man 
entered into a friendly correspondence with the natives, 
and returned to England. , 

Sir Anthony Shirley, commanding an English 
s<iuadron, landed at Jamaica on the 29th of January , and 
inarched six miles into the island, to the principal town. 
The inhabitants submitting to his mercy, he resided 
there about five weeks, and then sailed for Honduras, 
and took Puerto de Cavallos. 

The earl of Cumberland having received a commis- 
sion from the queen, to attack and destroy the territories 



159r| ' THE SECOND 41 

of her enemies, took the island of Porto Rico, and car- 
ried oiF eighty pieces of cannon, eighty ships, and much 
wealth; but the expedition was disastrous; for about 
six hundred men were lost by the bloody flux, sixty 
slain in battle, and about forty cast away on the return 
of the fleet. 

Monsieur de Pointis appeared, with a squadron, be- 
fore Carthagena, and forced it to capitulate; but his 
soldiers, in breach of the capitulation, pillaged the town* 

Charles Leigh, a merchant of London, made, this 
year, a voyage to cape Breton and the island of Ramea. 
Having given umbrage to the French, in the latter place, 
by taking the powder and ammunition from a vessel^ 
supposed to belong to Spain, but which proved to be- 
long to the subjects of the French king, two hundred 
Frenchmen assembled, and planted three peices of ord- 
nance on the shore, against the English, and discharged 
on them, one hundred small shot from the woods. 
There were also, in readiness to assail them, about three 
hundred Indians. On a parley, however, the contest 
subsided. In this voyage, Leigh obtained a considera- 
ble quantity of codfish and train oil, and had some traffic 
with the natives. 

France, after fifty years of internal commotions, hav- 
ing recovered her tranquility, ^as enabled to renew her 
enterprizes for the colonization of Canada. Henry IV, 
gave to the Marquis de la Roche, a commission to con- 
quer that country, and other countries in America, not 
possessed by any Christian prince. The marquis took 
with him, a Norman named Chetodel, as his pilot, and a 
number of convicts out of prison. He landed forty of 
these men on the isk of Sable, and proceeded to Acadia, 
made researches in that region, and returned to France,, 

N. CARO. 6 



4t CHAPTER [1600 

without attempting to make any settlement, or having it 
in his power to carry back those miserable outcasts^ 
whom he had set on shorcr Ht- was prevented, b^ vari- 
ous misfortunes, from returning to America, and died 
of vexation. 

His patent was renewed in the following year, m favor 
of Monsieur de Chauvin, who now made a voyage up the 
river St. Lawrence, to Tadoassac, two hundred and 
seventy miles from the sea. He returned home with a 
load of fnrs, leaving some of his people, who were ena- 
bled, by the kindness of the natives, to encounter the 
severity of the climate. He made a second voyage, the 
next year, with the same good fortune ; and sailed up 
the St. Lawrence, as high as the place on which the 
town of Trois Rivieres has since been built. 

This year, Willii^m Parker sailed from Plymouth, in 
England, with two ships, one pinnace, and two shallops,, 
to Cumana; and Iraving taken the pearl fishery in that 
island, with the governor of Canada, who was there with 
a company of soldiers, he received five hundred pounds, 
in pearl, for the ransom of the whole; proceeding to 
Porto Bello, he made himself master of it, remained on 
it one day, plundered, and left it, without injury to its 
buildings. 

Although the disastrous effect of Raleigh's attempt,, 
to effect a settlement in America, together with the war 
with Spain, checked the spirit of colonization, it was 
now revived: Bartholomew Gosnold sailed, in a small 
bark, from Falmouth, with thirty-two persons, for the 
northern ports of Virginia, with the design of beginning 
a plantation. One is> surprised, at the smallness of the 
means, which were depended upon, for the establishment 
of the English colonies in America, Of the thirty- 



1602] THE SECOND 43 

* I. 

two persons who embarked with Gosnold, eight were 
*' mariners and sailors; twelve purposvjd, after the dis- 
covery of a proper place for a plantatio;i, to rt-turn with 
the ship to E'lsylaiid; the rest, in all twelve persons, 
were to remain there for population." Instead of making 
the usual circuit, by the Canaries and West Indies, he 
steered, as near as the wind would permit, due west,. and 
was the first fLuglishman who came in a direct course, 
to this part of America. After a passage of seven 
weeks, he discovered land on the American coast ; and 
soon after, met a shallop, with sails and oars, having on 
board eight Indians. These people first hailed the 
English : after signs of a friendly disposition, and a long 
speech made by one of the Indians, they jumped on 
board : they were *' all naked, having loose deer skins 
about their shoulders, and near their waiste, seal skins 
tied fast, like Irish dinmic trowsers." One of them, 
ivho seemed to be their chief, wore a waistcoat, breeches, 
cloth stockings, shoes, and a hat ; one or two others, 
had a few things of European fabric ; and these, *' with 
apiece of chalk, described the coast thereabouts, and 
could name Placeiitia, of Newfoundland : they spoke 
divers Christian words.'* Their vessel was supposed 
to have belonged to some unfortunate fishermen, from 
Biscay, wrecked on the coast. Sailing along the coast, 
captain Gosnold discovered, on the next day, ahead, 
land, in the latitude of forty-two degrees, where he 
came to anchor ; and taking a great number of cod, 
he called it cape Cod. On the following day, he 
coasted the land southerly, and in attempting to double 
a point, he came suddenly into shoal water, and called 
the place Point Care ; Dr. Belknap supposes this to 
have been the point, now called Malesbarre, or Sandj^ 



44 CHAPTER CI6O2 

Point, the southern extremity of the county of Barnsta- 
stable, in Massachusetts : he proceeded southerly^ 
as far as an island, which, in honor of the queen, he. 
called Elizabeth island, a name which it still retains : 
he found on it, a pond of fresh water, two miles in cir- 
cumference, in the centre of which, is a small,* rocky, 
isle, on which he began to erect a fort and store house. 
In the year 1797, Dr. Belknap visited this spot, and 
discovered the remains of the cellar of this house, the 
stones of which were, evidently, taken from the neigh- 
bouring beach, the rock of the isle being less moveable, 
and lying in ledges. While the men were occupied in 
this work, Gosnold went to the main land, to traffic 
with the natives, who dwelt on the banks of the river, 
on which the town of New Bedford now stands. In 
nineteen days, the fort and house were completed ; but, 
discontents arising among those who were to remain in 
the country, the design of a settlement was abandoned, 
and the whole of the company returned to England. 

Sir Walter, although he bad no longer, any particular 
interest in the colony of Virginia, made a further effort 
for the discovery and relief, of the men left there by go- 
vernor White. He purchased, and fitted out a bark, 
and despatched Samuel Mace, an able seaman, from 
Weymouth, who left that port in the month of March, 
fell on the American coast, in about the thirty-fourth 
degree of north latitude, and proceeded along it, but 
returned home without effecting the object of his mis- 
sion. This was the fifth attempt of Sir Walter, to suc- 
cour his colonists, since the year 1587. ** At this last 
time, to avoid all excuse, he bought a bark, and hired 
all the company, for wages by the month ; but they fell 
forty leagues to the southward of Hattaracke, in thirty- 



1603] THE SECOND, 45 

four degrees, or thereabouts ; and having there spent a 
month, when they came along the coast to seek the peo- 
ple, they did it not, pretending, that the extremity of 
weather, and loss of some principal tackle, forced, 
them from the object of searching for the port of Hatta- 
racke, to which they were sent." 

Notwithstanding the vast expense of men and trea- 
sure, wasted in the attempt to establish an English col- 
ony, on the shores of the northern continent of Amer- 
ica, at the expiration of about twenty years, since the 
first voyage of Amidas and Barlow, to Ocracock, there 
was not, at the death of queen Elizabeth, the 24th of 
March, 1603, a single individual settled on the main ; 
and, although upwards of a century had elapsed, since 
the discovery of the new world by Columbus, no Eu- 
ropean nation, excepting the Spani^irds, had succeeded 
in making any settlement on it ; and a few soldiers of 
that nation, maintained at two or three posts in Florida, 
appear to have been all the Europeans in North Amer- 
ica. As before the attempts of the British, the w^hole 
norti^ern continent, was known to the Europeans under 
the appellation of Florida, now all that part of it, from 
the spot, on which the first adventurers of that nation 
landed, northly, was called Virginia, as far at least, as the 
river St. Lawrence. The geographers of the day, re- 
presented that vast extent of country, as divided into 
three parts : Canada belonging to the French, Virginia 
to the English, and Florida to the Spaniards : within 
these insipient divisions, no settlement had as yet been 
made, so as to have entitled any part of it to a par* 
ticular name. 

It is surprising, to find with how much difficulty the 
colonists provided for their subsistence; the woods 



4B CHAPTER. fl603 

teemed with buffalo, deer, opossums, and squirrels ; 
there were immense banks of oysters and cockles, and 
herrings visited the rivers yearly, in large shoals : 
the sea and rivers supplied fish in abundance ; the trees 
of the forest yielded honey in quantity, as well as 
grapes, persimons, plumbs, and other fruit: wild tur- 
keys and other game, were in plenty ; and we have seen, 
that, whatever was committed to the ground yielded am- 
ple returns : the Indians drew from their gardens, large 
supplies of beans, peas, and pumpkins: in the spring, the 
ground was covered with strawberries : the briers af- 
forded black and other berries : s^^irubs yielded chinca- 
pins : land turtles were easily procured. 

The failure, of Sir Walter's efforts to plant a colony 
in Virq:inia, is to be attributed to the ordinary cause of 
the failure of most of men's attempts: the absence 
of the eye of the master, the great distance at which the 
operations he directed, were to be executedv and the 
small share of his attention, which other more impor- 
tant, immediate, or near objects of his ambition, or ease, 
allowed him to bestow on his colony. There cannot 
be any doubt, that, if one half of the treasure that was 
fruitlessly wasted, had been disbursed in these and sub- 
sequent operations, under the immediate direction of a 
man of ordinary prudence, a very different result w^ould 
have been obtained. 

The spot selected was not, it is true, the most eligi- 
ble one ; but the cUmate was extremely mild : the land, 
though generally barren, was sufficiently variegated with 
fertile spots. 



CHAPTER la 



Towards the middle of the month of April, 1603, a 
ship of fifty tons, called the Speedwell, was despatched 
from Milford Haven, for the further discovery of the 
northern part of Virginia, under the command of Martin 
Pring; a bark of twenty-six tons, called the Discovery, 
was also put under Pring's orders; he reached the 
American coast early in June, between the 43d and 44th 
degrees of northern latitude, among a number of islands^ 
in the mouth of Penobscot bay, and proceeded southerly 
^o a bay, which he called Whotson bay, in honor of the 
mayor of Bristol, who had patronised and was interested in 
the expedition ; he there built a hut, which he surround- 
ed with a palissade ; here a part of his men kept guard, 
while the others were emploj-ed in collecting sassafras, 
with which he was directed to load his vessels. The na- 
tives visited the English, and demeaned themselves, and 
were treated, in a friendly manner; and after a stay of 
seven weeks, a cargo being obtained for the bark, she was 
despatched home. Soon afterwards, the Indians manr- 
^sted hostile intentions. Pring hastened the loading of 
the ship, and sailed for England on the 9th of August, 

In the mean while, another attempt had been made to 
search for and relieve the colonists left bv governor White, 
near Cape Hatteras. Bartholomew Gilbert sailed for 
this purpose, in a bark of fifty tons, on the lOthof Ma\ 



'i 



4^ CHAPTER [1603 

he took the old route, by the West Indies, and descried 
the continent on the 23d of July, about the 40th degree 
of northern latitude. Adverse winds prevented him from 
proceeding to the Chesapeake, where he was directed to 
land. Having gone ashore with four men, the Indians 
fell upon and destroyed this small party. Dismayed at 
the event, the people on board weighed anchor immedi- 
ately, and returned home. 

Henry IV. of France, being ever intent on es- 
tablishing a French colony, on the northern part of the 
continent, granted this year to Pierre de Gaet, Sieur du 
Montz, a lord of his bed chamber, a patent for all the 
land, between the 40th and 46th degrees of northern lati- 
tude, including not only what is now known to us as the 
provinces of Canada and New-Brunswick, the New -Eng- 
land states, and those of New- York, New-Jersey and 
Pennsylvania, constituting him his lieutenant-general in 
that region. 

Samuel Champlain, of Bronage, in France, sailed up 
the St. Lawrence, and anchored at Tadoussac. 

Although the Europeans had as yet no settlement 
on the northern continent of America, they employed 
200 ships and 10,000 men, in the fisheries of New- 
Foundland. 

In the following year, the Sieur Dumontz sailed for 
America, taking Champlain as his pilot, and attended 
by Mons. Potrincourt, with a number of adventurers. 
On their arrival, Dumontz made a grant to Potrincourt 
of a tract of land, which was called Port Royal, a name 
which it retained till the English, in the reign and in 
honor of quetn Ann, substituted to it that of Annapolis. 
Dumontz, leaving the grantee in possession of his new 
acquisition with a few colonists, proceeded up a river 



1604] THE THIRD. 49 

then called by the natives Scoodick, but afterwards St. 
Croix, which, in the treaty by which the independence of 
the United States was acknowledged by Great Britain, is 
named, as constituting a part of ihe boundary of the do- 
minions of the contracting parties. On an island, in the 
middle of this river, Dumontz wintered and erected a 
fort, part of the foundations of which were discovered in 
1798, by Professor Webber, who attended the Ameri- 
can commissioners. 

On the 18th of August, king James concluded a trea- 
ty of peace with Phillip II. of Spain. By this event, a 
number of his subjects, of birth and enterprise, to whom 
the war had afforded employment for their talents, find- 
ing their attention and hopes excited by the great suc- 
cess of the Spaniards in South America, turned their 
thoughts towards emulating their rivals, on the northern 
continent. 

The discovery of gold mines, and of a north-west 
passage to the Indies, was the prominent object of the 
adventurers' ambition. The earl of Southampton, and 
the earl of Arundel, fitted out a ship, and gave the com- 
mand of it to George Weymouth. He sailed from the 
Downs with twenty-eight persons, on the 31st of March, 
and forty -four days after made land in about 41 degrees 30 
minutes north latitude. After coasting awhile, he entered 
and sailed about 60 miles up the river which is now called 
Penobscot, in the state of Maine. He set up crosses in 
several places, in token of his having taken possession of 
the country, had some traffic with the natives, and in 
the month of July returned to England, carrying with 
him five Indians, one a Sagamore, and three chiefs. 

The year 1605 is rcmaikable for the first attempt to 
the establishment of the British empire in the West In- 

N. CARO. 7 



50 .CHAPTER [1606 

dia islands. The crew of a ship, called the Olive Blos- 
som,, owned by Sir Oliver Leigh, bound from London 
to Surinam, landed on and took posse>sion oi the inland 
of Bi^'badces; they found it ^bandoiied by the native 
Chiraibs, and ert cted a cross, on which they inscribed 
Jamesy king of England^ and of this island. 

The ill success of the attempts made by individuals of 
the English nation, during near a quarter of a century^ 
which had elapsed since the expedition under the orders 
of Amidas and B trlow, haviui]^ evinced that private 
means were insufficient for the accomplishment of the 
desired end, in the sprinj^ of the fblio\ring vear, an asso- 
ciation was formed in London, composed of men of in- 
fluence, talent and wealth, with a view, by their urjited 
stock and efforts, to overcome the difficulties, which had 
heretofore attended the establishment of an English 
colony in the new world. 

Sir Richard Ha':klu.>t, one of the dignitaries of West- 
minster, was among the foremost. Historians place the 
name of this gentleman, immediately after that of Sir 
Walter Rileigh, in the list of the promoters of this noble 
undertaking. Educated imdcr the directions of a kins- 
man of great natural and commercial information, he had 
bestowed an early attention upon history arid geography, 
and in his more mature years had trannlatc:d into Eng- 
lish, relations which had been published in Spain and 
Portugal, of the voyages and discoveries of tlie adven- 
turers of those nations, and had published acc" unts of 
the expeditions ot the navigators of his own. The sup- 
port of the crown was sought and obtained, and king 
James favored the association with a charter. 

This instrument bears date the 10th of April. It 
incorporates Sir Thomas Smith, Sir John Somers, 



1606] THE THIRD. 51 

Richard Hackluyt, Edward M. Wingfield, of the city of 
London, and tlK individuals wi'.o may thereafter be join- 
ed to them, as iht first colony^ and authorizes them to 
begin their settlement or plantation, at any place on the 
coast of Virginia, in America, betwe« n the 34th and 
4l3t degree of northern latitude, and a grant is made to 
them of ail the country for the distance of fifty miles on 
the coast, on each side of the spot, on which they may 
make their first settlement, and one hundred miles back, 
making in the whole 10,000 square miles, or six mil- 
lions four hundred thousand acres, together with all the 
islands over and against the coast, within the distance of 
one hundred miles. 

Thomas Hanham, Raleigh Gilbert, William Parker, 
and George Popham, of the town of Plymouth, and 
such individuals, who may thereiifter be joined to them, 
are by the same instrument incorporated as the second 
company. They are directed to make their first settle- 
ment on the same coast, within the 38th and 45th de- 
grees of northern latitude, and the same extent of terri- 
tory is allotted to them as to the first colony, of which 
the spot on which they may begin their first establish- 
ment is likewise to be the centre. But it is provided, 
that after either colony shall have begun its settlement, 
the other shall nut begin its own, within a less distance 
than one hundred miles. All the king's subjects are 
forbidden to settle, on the back of the lands of the colo- 
nies, without the king's license. 

The internal government of each colony is given to a 
council of thirteen persons, to be constituted by the king, 
and regulated by his instructions, under his sign manual, 
and a council of Virginia, the members of which are 
likewise to be chosen by the king, to regulate the seve- 
ral affairs of both colonies. 



■ 52 ■ CHAPTER [1606 

The colonies are to search for and obtain gold, silver 
and copper, not only within their respective limits, but 
also in the lands on the back of them, paying to the 
king one fifth of the gold and silver, and one fifteenth of 
the copper. 

The councils are respectively authorized to establish 
and cause to be struck^ a coin, to be current in the 
colonies. 

Leave is granted to the patentees, to carry to Virginia 
such of the king's subjects, as may be willing to remove 
thither, (excepting only those whom he may specially 
forbid from emigrating,) and to take for this purpose a 
sufficiency of shipping and ammunition of war; and 
they are authorized to repel invasion or insult, by force. 

A duty of two and a half per cent, on the commerce of 
the king's subjects, and five per cent, on that of foreign- 
ers, on sales and purchases, was granted to the colonies 
for the term of twenty years, after which it was to be 
collected for the king. 

The exportation of the company's goods from any of 
the king's dominions, were to be free from duty. 

All persons, born in Virginia, were to be British 
natural born subjects. ; 

The king declares to all Christian kings, princes and 
states, that if any person within the colonies, or any by 
their license, shall lob or spoil, by sea or by land, or 
commit any act of insult or unlawful hostility, on the 
subjects of any king, prince or state, in amity with him, 
he will, on complaint, cause proclamation to be made 
within some convenient part of England, commanding 
proper satisfaction to be made, and on default will put 
the offender out of his liegeance and protection, and it 
shall be lawful for the party injured to pursue him with 
hostility. 



1606] THE THIRD. 5^ 

Lastly, lands in Virginia are to be holden of the king, 
as of the manors of East Greenwich, in the county of 
Kent, in free and common socage ; not in capite. 

The charter was accompanied with instructions and 
orders, untler the king's sign manual, by which a board, 
to be styled the king's council for Virginia, was estab- 
lished, consisting of William Wade, lieutenant of the 
tower of London, Sir Thomas Smith, Sir Walter Cope, 
Sir George Moore, Sir Thomas Popham, Sir Ferdi- 
nando Gorges, Sir John Trevor, Sir Henry Montague, 
recorder of the city of London, Sir William Romney, 
knights, John Doderidge, solicitor- general, and Tho- 
mas Warr, esquire, John Eldred, of the city of 
London, Thomas James, of Bristol, and John Bragg, 
of the county of Devon, merchants. It being soon af- 
ter found difficult to convene a board, the members resi- 
ding at a considerable distance from each other, the king 
created twenty-six new members; sixteen of whom were 
presented to him by the first, and the rest by the second 
colony. The council was now divided into two boards, 
to each of which were committed the affairs of one of 
the colonies. 

These councils were, at the pleasure of the king and 
his heirs, to give instructions to a council resident in 
each colony, the members of which they were for the 
first time to appoint ; the king reserving to himself the 
right of new modelling and increasing the number of 
the members of such councils. 

The colonial councils were respectively to consist of 
thirteen members, at most. They were to choose 
among themselves a president ; this officer was not to 
be a minister of the gospel : his election was to be an- 
nual, and he, as well as the members, were removable a^ 
the pleasure of the board. 



,34 CHAPTER [1606 

It was recommended to these councils, to provide for 
the celebration of divine worship among the colonists, 
and as soon and as much as possible among the Indians, 
according to the rites of the church of England. 

They were charged to guard against attempts to de- 
coy any of the whites from their allegiance, and to cause 
to be arrested and imprisoned, and in flagrant cases to 
be sent to England, any person endeavoring so to do. 

Tumult, rebellion, conspiracy, mutiny, sedition, 
murder, were directed to be punished with death, with- 
out benefit of clergy. The president and council were 
constituted a court in each colony, having cognizance of 
these offences; the trial was to be by jury, but this 
tribunal was authorized to suspend the execution of its 
sentence until the king's pleasure was known; it had 
jurisdiction of lesser offences, for which corporeal or pe- 
cuniary punishment was denounced, and it was even au- 
thorized to award damages to the injured. Its pro- 
ceedings were to be summary and oral, until sentence, 
which, with the nature of the offence, was to be reduced 
to writing, and subscribed by all the councillors present. 

During the first five years after their landing, the co- 
lonists were to trade altogether in one, or at most three 
common stocks, in each colony. The fruit of their la- 
bors, and all the goods and commodities imported, were 
to be deposited in a common warehouse, and a treasurer 
or cape merchant, was to be appointed by the council, in 
each colony, and with the assistance of clerks, was to re- 
ceive, preserve, and deliver out the joint property. In 
return for his labor, each colonist was to be supplied with 
necessaries, out of the colony's stores. 

The adventurers of the first colony were to appoint 
one or more companies, each consisting of three persons 



1606] THE THIRD, 56 

at the least, to reside in London, or at such other place 
as the council should appoint, durinj^ the first five years, 
to receive and take charge of all commodities to be 
shipped to or landed from the colony ; and the adven- 
turers of the second, were to make similar appointments 
at or in the neii>;hborhood of Plymouth. 

Every colonist was to take an oath of obedience, and 
that prescribed by the 4th of James. 

The legislative power was vested in the colonial coun- 
cils, but they were not restricted from denouncing any 
punishment afi'ecting life or limb, and their acts were 
liable to be rescinded by the king, or his council for Vir- 
ginia, in England. 

It was recommended to the colonists to treat the In- 
dians with kindness, and to endeavor to bring them to 
the knowledge of God, and obedience to the king. 

Finally, the members of the king's council for Vir- 
ginia, in England, were to take such oaths as the privy 
council should appoint, and the colonial council such as 
the king's council for Virginia should require. 

The adventurers for the first colony, eager to realize 
the hopes, which the formation of so respectable an asso- 
ciation had excited, soon fitted out two ships and a small 
bark, which they placed under the orders of Christopher 
Newport; his instructions bear date the 10th of De- 
cember. A list of the persons who were to compose 
the first colonial council, was committed in a sealed co- 
ver to his care and that of Bartholomew Gosnold and 
John RadclifFe, with directions to open it within twenty- 
four hours after their landing in Virginia, and not be- 
fore ; and it was ordered, that immediately after its being 
opened, the councillors should be proclaimed, a presi- 
dent chosen, and government organised : Newport was 



36 s CHAPTER [1607 

instracted to spend two months, in discovering and re- 
connoitering the rivers and harbors of the country, with 
such vessels and crews as the council should direct, and 
to return with such commodities as could in the mean- 
while be procured, leaving the bark for the service of the 
colony. 

The council in England being very intent on the dis- 
covery of a passage to the south sea, as the certain and 
infallible way to rich mines of gold, directed the colonists 
to enter and sail up every navigable stream, and if any 
of them happened to have two main branches, and the 
difference was not great, to follow that which led to the 
north-west, it being imagined that the Pacific ocean 
would probably be sooner reached in that direction. 
They particularly desired that notice should be taken, 
whether the rivers they examined sprang from the moun- 
tains or a lake, as, in the latter case, a passage to the op- 
posite sea would be more easily attained, and out of the 
same lake, streams might be found, flowing in a contrary 
direction. 

The flotilla took its departure from Black well on the 
19th of December, sailing by the way of the Canary and 
the West India islands. Some time was spent in tra- 
ding with seaports, and the continent was not reached 
till the 26th of April. The names of cape Henry and 
cape Charles were given to the promontories through 
which they entered the bay of Chesapeake, in honor of 
Henry, prince of Wales, and Charles, duke of York, his 
brother, who afterwards succeeded to the British crown. 
A party of twenty persons landed on cape Henry, where 
they were met by five Indians, who wounded two of 
them^dangerously, and fled to the woods. 

In the evening the packet, which contained the list of 
the councillors and the orders of the company, was 



leOT] • THE THIRD. 5^7 

opened and read. It appeared that Edward M. Wing, 
field, Bartholomtw Gv)saoid, Jolaii Smith, Christopher 
Newport, Johii RadolifFe, John Martin, and John Ken- 
dal, were appointed of the council : Wingfield was ap- 
pointed presiident. 

The colonial council, a few days after, fixed on a pen« 
insula on the north side of a river, which the natives 
called Powhatan, and to which die name of James river 
was now given, in honor of the king, for the spot on 
which the habitations of the colonists were to be erected, 
and dignified it with the name of Jamestown, a name 
which it still retains; and although it never was, nor is 
likely ever to be remarkable for population, commerce 
or wealth, it will long boast of being the most ancient 
settlement of the whites in tht: United States. 

The site was advantageous, and eminendy so, when 
compared to the shoaly and dangerous coasts, on which 
chance had thrown the first French and English adven- 
turers on the continent. A happy situation, as well as 
a valuable one; yet it was not sulficiently advantageous 
to insure the prosperity of the colony. Animosities had 
arisen among some of the principal colonists during their 
long voyage, and had not finished with it. The colonial 
council had bti^un its operations by an act of injustice, ia 
excluding John Smith trom a seat at their bo. rd. The 
colony suffered much irom the loss of the advantages, 
which it had reason to expect from his influence and ac- 
tivity. Appeased, however, some time after, by the 
exhortations of Mr. Hunt, their chaplain, the council 
admitted the excluded member, who receiving his com- 
mission the next day, they all turned their undivided 
attention to the government of a colony ** feeble in 

N, CARD. 8 



58 CHAPTER * [1601 

numbers and enterprise, which was thus planted in 
discord, and grew up in misery." 

Newport and Smith were now sent with twenty men, 
to reconnoitre the stream, upon which the colonists had 
fixed their residence. On the sixth day, they reached an 
Indian town, called Powhatan, consisting of about twelve 
houses, pleasantly situated on a hill, a little below the spot 
on wlVich the city. of Richmond now stands ; it was the 
principal and hereditary seat of Powhatan, emperor of the 
country ^ who had given his name to the town and riven 

The council had judged it best to forbear any thing 
like military parade, even to admit any other kind of for- 
tification, than a few logs placed together in the shape of 
a half moon. The natives soon came to visit the new 
comers, and at first manifested none but friendly disposi- 
tions ; and the latter endeavored, by a kind and hospitable 
reception, to encourage an intercourse. But the In- 
dicins soon began to manifest a quite different temper ; 
a party of the English, as has been said, had gone up the 
river ; others were scattered in the woods, exploring the 
ground, or procuring clapboards, and other timber for 
loading the ships. The Indians came into town, and 
fell on the few whites who had been left there, and were 
quierly employed in building and gardening; and killed 
a boy, wounded seventeen men, and retired into the 
thickets, frightened by a cross-bar shot, which shattered 
to pieces a huge tree, near which several of them stood. 
This event excited the caution of the council ; thev 
caused the fortification to be surrourded by a pallisade, 
the ordnance to be mounted, and the men to be regularly 
trained and exercised. 

On the return of the party sent up the river, John 
Smith marched against the Indians, and compelled them 
to sue for peace. 



1607] THE THIRD. 50 

On the 16th of June, Newport and Nelson sailed for 
England with the two ships, leaving one hundred colo- 
nists in Jamestown. They did not bear wd\ the scorch- 
ing heat of summer; they sickened in the fall, and were 
reduced low; in consequence of the ill supply of pro- 
visions, they were put on a very scanty allowance, and 
the little food they had, was of a very inferior quality. 
Penury, excessive heat, the moisture of the air, in a coun- 
try covered with woods, generated disease ; one half of 
the colonists fell its victims before the end of Septem- 
ber ; the survivors, dispirited and famished, sought their 
subsistence in crabs and sturgeons. 

Wingfield was considered as the author of the dis- 
tresses of the colony, by his embezzlement and waste of 
its stores. The indignation of the colonists was raised 
to the highest pitch, by the discovery of a project for de- 
serting them, and returning to England in the bark, 
which he was on the eve of effecting. He was dpoired, 
with one of the council, who had engaged to accompany 
him. 

John Radcliffe was chosen president, in his room. 
The new administrator was not remarkable, either for 
wisdom or activity, but he was unassuming, and con- 
fiding in the advice of John Smith, a man who, with an 
undoubted courage and indefatigable activity, possessed 
a strong judgment, permitted him to direct the afFairs of 
the colony under him. 

Smith immediately adopted the only plan that could 
save the whites. He surrounded the town with forifi- 
cations, rude indeed, but sullicient to resist the enemy 
against which they were raised. He next marched with 
^ small party, and alternately resorting to promises and 
threats, to caresses and violence, induced or compelled 



60 CHAPTER [160t 

the neighboring tribes of Indians to yield him a supply 
of provisions. In one of his expeditions afterwards, he 
was attacked by a nnmerous party of savages and be-ing 
compelled to retreat, fell up to the nt^ck in a swamp, and 
was made a prisoner. Ht^ engaged for some time, the 
attention of his captors, with a compass dial, which he 
^ happened to have about him ; tht y wondered at the play 
of the fly and needle, which the gla^s hindered them from 
touching, without preventing them from seeing it ; he 
excited their surprise and veneration, by the wonderful 
accounts he gave them of its utility, so as to interest 
them in his favor. They however bound, and triumph- 
antly led him to Powhatan, their chief, by whose orders 
he was about to be put to death, when Pocahonta, the 
chieftain's favorite daughter, rushed between him and 
his executioners, and by her entreaties and tears, pre- 
vailed on her father to spare the captive's liie, and sooa 
after to liberate him. 

The store house at Jamestown, thatched with reeds, 
taking fire by accident, burned with such violence, that 
the fortifications, arms, appard, bedding, and much 
private goods and provisions, were consumed. 

Before the close of the year, Nelson and New[)ort re- 
turned from England, with one hundred colonists, and 
a considerable supply of provibions. 

At the arrival of this timely succor, the colony was 
reduced to thirty-eight persons, six^y- two having died 
since the departure of these ships, in the month of June. 
The survivers, worn out by fatigue, disease, and fam- 
ine, had long been making pn parations to return home; 
but Smith, alternately resorting to solicitations and 
command, had prevailed upon them to delay tlie execu* 
tion of their design » 



leOI] THE THIRD. 61 

Plenty appeared a.8:ain, and the planters industriously 
applied themselves to clear and sow rhe ground. Their 
atte;ition was, however, diverted from iheir necessary 
pursuit, by tue disco verv of a yellowi->h sediment, in a 
stream, issuing from a bank of sand: it was fondly con- 
sidtrred, as a sure indication of a rich mine of gold. 
The labors of husbandry were immediately suspended, 
and every thought and every effort employed, in search, 
ingfor, and securing, this apparently valuable dust ; and 
one of the ships was sent home, with a load of this ideal 
treasure. The fatal illusion was momentarv ; not so its 
effects : they were long and sensibly felt. The neglected 
fields yielded no crop, and penury was again attended 
by disease. The colonists were once more* saved from 
destruction, bv the indefatii^able activity of Smith, who 
again, by persuasion, and when that failed, by violence, 
induced the Indians to spare pArt of their stores to the 
whites. 

The succeeding winter was extremely cold, and the 
risror of the season was the cause of additional mortality: 
the winter was likewise extremely cold in the more 
northern part of the continent. L'Escarbot, a French- 
man, who was in Canada about this time, remarks, that 
the winter of 1607, had been the hardest that had ever 
been seen ; " many savages died throu.^h the rigor of 
the weather : in these our parts, many poor people, and 
travellers, have been killed, through the severe hardness 
of winter weather." 

There wtre judged to beat this time, within sixt)' 
miles from Jamestown, about seven thousand Indians, 
nearly two thousand of whom, were able to bear arms; 
the most seen together, by the English, were from 
seven to eight hundred. 



t5> CHAPTER. [1608 

On the recent encouragement for settling north Vir- 
ginia, Raleigh Gilbert, a nephew of Sir Walter Raleigh, 
with two ships and one hundred men, furnished with 
ordnance, ammunition and provisions, landed at the 
mouth of Sagadehoc, or Kennebeck river : he built 
a storehouse, and fortified it, and gave it the name of 
Fort St. George. 

In the summer of the following year, John Smith, 
with a party of fourteen men, explored in an open barge, 
the bay of Chesapeake, from the ocean to the mouth of 
the Susquehannah, trading with some tribes of Indians, 
and fighting with some others; making, according to 
his own reckoning, an ascent of ne.irly three thousand 
miles. He found among the Susquehannah Indians, 
hatchets, and utensils of iron and brass, which they had 
obtained from the French, by the way of Canada. On 
his return to Jamestown he drew a map of the bay, and 
the rivers Rowing into it, and annexed to it, a descrip- 
tion of the country, and the nations inhabiting it. This 
map was made with such accuracy, that it is the original 
from which all subsequent maps, have been chiefly 
copied. 

His superior ability and industry, induced the coun- 
cil and settlers to invest him with the presidency of the 
board, and government of the colony. 

Newport returned soon after with seventy colonists, 
among whom, were some persons of distinction: eight 
Dutchmen and Poles were sent to teach the planters the 
making of tar, glass and potash : by this vessel, the pre- 
sident and council received instructions to explore the 
western country, in order to procure certain intelligence 
of the South Sea; and when Newport returned to Eng- 
land, he left two hundred persons in the colony. 



1609] THE THIRD. G3 

The few men, left at Sagadehoc, having lost their 
stores by fire, the preceding winter, and in this ''cold, 
mountainous, barren, rocky, desert country, meetino- 
with nothing but extreme hardships, and hearing of the 
death of some of their principal supporters, returned 
to England. Their patrons, offended at their unex- 
pected arrival, desisted, for several years, from any 
further attempt.'' 

The French availing themselves of this circumstance, 
to extend their infant settlement; Dumontz, being en- 
couraged by his sovereign, Henry IV. sent over three 
ships with families to conmience a permanent settlement, 
Samuel Champlain, who undertook to conduct this col- 
ony, after examining ti)e most eligible places for a settle- 
ment in Acadia, and on the river St. Lawrence, selected 
a spot at the confluence of this river, and that of St. 
Charles, at the distance of about three hundred and 
twenty miles from the sea: here he erected barracks, 
sowed wheat and rye, and on the third of July, laid the 
foundation of the city of Quebec, the capital of Canada. 

This year, Henry Hudson, under a commission 
from king James, discovered Long island, that of 
Manhattan, on which the city of NewYork now stands, 
and the river to which he gave, and which still bears his 
name. 

In the course of the following year, Samuel Argal 
arrived at Jamestown, in a ship loaded with provisions. 
The great influence which the king derived from the 
dependence on his will, in which the first charter kept 
the affliirs of the company, had deterred many persons of 
capital, rank and influence, from taking any share in its 
concerns ; and the patentees chose not to ventuie much 
farther than thcv had hitherto done. The monarch was 



64 CHAPTER fiSOS 

therefore, Induced, in order to revive their drooping 
spirits, to grant them a new charter. This instrument 
bears date, the 16th of May, 1609. It incorporates six 
hundred and seventy individuals, and fifty-six corpora- 
tions of the city oi London, under the style, of ** The 
treasurer and company, of the adventurers and plan- 
ters of the city oi London, tor the first colony of Viiv 
ginia.'' It grants to them all the territory in that part 
of America, called Virginia, from the point of land call- 
ed cape, or point Comfort, two hundied miies to the 
northward, and two hundred miies to the southward, 
along the sea coast, irom sea to sea, with all the islands 
along the coasc, wiihin one hundred n)iks. A council is 
established, to be composed of sixty -two nobiemen, 
knights and gentlemen, resident in London, under the 
style of ** The king's council for the company of adven- 
turers and planters, of Virginia." Sir Thomas Smith 
was appointed treasurer, and the vacancies in the coun- 
cil, were to be filled up by the treasurer and council, out 
of the adventurers. The appointment of the governor 
and other officers, was vested in the council, who were 
authorized to legislate for the colonists, while resident in 
Virginia, or in their outward and homeward voyages : 
all the former laws were abrogated. The adventurers 
were liable to be disfranchised, by the major part of the 
assembly of the adventurers, and the treasurer andcoun- 
cil were empowered to admit new members of the 
corporation. 

The company were authorised to search for mines, 
not only within the boundaries of the grant, but in any 
part of the country not granted to other persons ; and 
to ship to Virginia, any of the king's subjects, not espe- 
cially excepted by him, and who might be willing to 



i609] THE THIRD. eS 

remove thither, with all necessary supplies, free from 
duty. 

A freedom from all subsidies and customs, in Vir. 
giuia, for twenty-one \ears, was granted, and from taxes 
and impositions f 3r ever, on importation and exporta- 
tion of goods, by the treasurer and company, except 
five per cent. 

The company was authorized to repel, by violence, 
every intruder, and to seize the vessels and goods of 
persons trading within their limits, without their 
Jicense. 

Children, born in Virginia, were declared natural born 
subjects of the kifig. 

Jurisdiction, in criminal matteis, was given to the go- 
vernor and council, and they were empowered to enforce 
martial law, in case of rebellion. 

Lastly, provision w^as made for the favorable interpre- 
tation of the charter, and the confirmation of such privi- 
leges in the former one, as were not abrogated in the pre- 
sent. Future adventurers were allowed to be entitled 
to the same privileges as the present patentees, and the 
oath of supremacy v/as required to be taken, by every 
person removing to Virginia. 

Lord Delaware was chosen first governor of Vir- 
ginia, under the new charter. In accepting his com- 
mission, he required some little time to arrange his pri- 
vate concerns; and, in the mean while, the council 
despat'jhed Sir Thomas Gates as lieutenant general, and 
Sir George Somers as admiral. The fleet, with which 
they sailed, consisted of nine ships, on board of which, 
five hundred colonists took passage. It sailed in tlie 
latter part of May. 

N. CAIIO. 9 



6G CHAPTElt [160Sr 

Sir Thomas and Sir George were the bearers of a 
commission, authorizing them, on their landing in Vir- 
ginia, to cause lord Delaware to be proclaimed, to su- 
persede the former council, and to take upon themselves 
the administration of the governrnxcnt of the colony, till 
the arrival of his lordship. 

These two officers were on board of the same ship, 
which was separated from the fleet, in a violent storm, 
on the 25th of July, and cast ashore on the rocks of Ber- 
mudas ; a hmail ketch perished at the same time. The 
fleet reached Jamestown a few weeks after ; (about tlie 
middle of August.) 

Without tidings from their commanders, and de- 
prived of all the papers, which the council had sent with 
the new administration, it appeared impossible to change 
the order of things. The new colonists insisted, that 
the former form of government was abrogated ; but, as 
they could produce no testimony of its abrogation, 
nor any warrant, authorizing the establishment of any 
new form, Smith refused to yield up the reins of go- 
vernment. The accession of a number of colonists, 
which should have added to the security of the colony, 
heightened the danger it was in. Anarchy and confu- 
sion prevailed ; the authority of Smith, verging towards 
its end, was but httle respected : to the new comers, 
Smith attributed the disastrous situation of the country: 
he describes them as "a lewd company, containing 
many unruly gallants, packed hither by their friends, to 
create ill destinies." He detached two hundred of them 
to the falls of James river, and to that part of the present 
state of Virginia, which is now called the county of 
Nansemond. In the latter settlement, the English, im- 



1609] THE THIRD. «e7 

prudently giving offence to the neighbouring Indians, 
the savages fell upon them, and massacred the greater 
number: and the survivors returned to Jamestown, to 
seek protection under the authority, which, a short time 
before, they had contemned. 

A systematic design was now meditated upon, by 
Powhatan, against the colony ; but his expectations w^ere 
frustrated, by the discovery made by Pocahonta, his 
daughter, tlien but about twelve or thirteen years of age, 
who, in a dark and dreary night, came to Smith, in 
Jamestown, and informed him of her father's determi- 
nation, to come and destroy the colonists, on the follow- 
ing day : this timely information enabled the whites to 
avert the impending blow. 

In the latter part of the year, president Smith, return- 
ing from an excursion up the bay; the casual explosion 
of a keg of gun powder near him, while he was sleeping 
in his boat, so miserably mangled his body, that he was 
for several days, unable to move without assistance : he 
caused himself, at last, to be brought on board of one 
of the ships, and returned to England, in search of bet- 
ter professional assistance, than the colony could afford. 

He left behind him, besides the ships, seven boats, 
commodities to trade, a crop of corn lately housed, pro- 
visions for ten weeks in the store, upwards of four 
hundred and ninety colonists, twenty four pieces of 
ordnance, three hundred muskets, with other arms, and 
a sufficient quantity of ammunition. 

The Indians, their language and habitations, were 
well known. The colony was well supplied with nets 
for fishing, farming utensils, wearing apparel, and pos- 
sessed five horses and a mare, five or six hundred hogs, 



6S CHAPTER p610 

some g:oats, sheep and fowls, and were in every other 
respect in a comfortable and prosperous situation. 

The Virginians were not long without feeling the 
absence of the chief, to whose judgment and activity the 
colony owed its prosperous state. In the disorder that 
ensued, s veral laid claim to the supreme command; 
the choice of the colonists, at last, fell upon George 
Perc'v , whose heart was virtuous, and whose connexions 
were respectable, but whc '>e talents were not suited to 
the turbulence of the times ; his constitution had ill 
borne the effects of a change of climate, and his health 
was so much impaired, that he stood in need of Euro- 
pean medical assistance, as much as the person he was 
a})pointed to succeed. 

The Indians soon became conscious of the advantage 
which they derived, from the absence of the man by 
whom they had, until now, been reduced, and kept ift 
awe and subjection, and of the favorable opportunity of 
making a successful attack upon the whites; the wonted 
supplies were kept back, and casual aggressions an» 
nounced soon frer a state of war. Unable to attack the 
enemy, the whites confined themselves to Jamestown, 
and lost the opportunity of j)rocuring food by hunting; 
their stock of provisions was consumed, and a dreadful 
famine ensued ; in six months, the colony was reduced 
to sixty-eii^ht persons, of all ages and sexes, so feeble 
and emaciated, that they could not have survived their 
companions, without some speedy reli^ f. 

Sir Thomas Gates and Sir George Somers arrived at 
Jamestown tram Bermudas on the twenty-third of May ; 
none of the crew of the vessel, in which they had been 
shipwrecked, had perished, and they had been so fortu- 



1610] THE THIKD, e^ 

nate as to save all the provisions on board of it ; during 
a stay of ten months on this uninhabited island, they had 
built two barks, in which they had made the voyage to 
Virginia. 

One hundred and thirty persons came in these barks, 
and the provisions saved from the ship, having support- 
ed them at Bermudas, during their long stay there, and 
during their passage, could not long supply their wants, 
and those of the colonists, to whom they were now 
joined. 

It appeared, that on putting the people on the most 
scanty allowance, the stock on hand would not last much 
longer than a for' night. In this dilemma, it was deter- 
mined to abandon the country, and proceed to New*- 
foundland, where present relief might be obtiiined, and 
sufficient shipping to carry the colonists to Eng- 
land, this being the season of the fishery ; they sailed 
Accordingly. 

Thus, more than a quarter of a century after the first 
attempt of the English to establish a colony in America, 
six vears after the lavini^ the foundation of Jamestown, 
was the northern- coniinent wltl^ut a single individual, 
acknowledging obedience to the laws of England, not- 
withstanding the very great sacrifices of lives and wealth, 
in endeavoring to accomplish this desirable object. 

The French settlement, in Canada, was thriving, and 
Lewis XIII. who this year succeeded Henry IV. on the 
throne of France, less inclined to war than his predeces- 
sor, had manifested the intention to foster the rising 
colony. 

The Spaniards still kept a few soldiers, in some scat- 
tered forts on the coast of Florida. 



TO CHAPTER, >[i610 

The Dutch had lately visited the island of Manhattan, 
discovered by Hudson, in order to trade with the natives, 
and built some huts, in token of their possession of 
the country, to which they gave the name of New- 
Netherland. 



Sm ith — St'ith — Beverly — Keith — Marshall. 



16101 THE FOURTH. 71 



CHAPTER IV. 

Little did the colonists believe, when they 
abandoned Jamestown, and with it the hope of be- 
ing among the founders of the English empire in 
America, that in a few days an auspicious event 
was to restore them to their forsaken dwellings, and 
enable them to resume the successful establishment 
of the first English colony. How near is often the 
hour of despair to that, which aifords us the true 
pledge of the attainment of our most sanguine wisheSc 
The colonists wereyet in the river, when three ships 
were descried approaching its mouth; Lord Del- 
aware was in one of them; one hundred and fifty new^ 
settlers accompanied him, and the flotilla was load- 
ed with a plentiful supply of provisions, clothing, 
tools of husbandry, ammunition, &c. He prevailed 
on the Virginians to return, and on his landing pro- 
ceded to the church, where divine service was per- 
fo'^med, after which he caused his commission to be 
read, when president Percy surrendered to him his 
authority with the patent and seal of the colony. 

He had been vested with the sole and supreme 
command in the colony, in the constitution of which 
a very important change was effected; the original 
aristocracy of the country was converted into the 
rule of one, over the deliberations of whom th(^ 



n CHAPTER [1610 

people had no control. The evil of anarchy 
had of late been so sorely felt, that tlie necessity of 
the change appeared obvious, and the amiable and 
dignified demeanor of the new admihistraior, ei- 
ther prevented or silenced the murmurs of tt.ose who 
might not relish the alteration. A number of French- 
men were brought with the last colonists, for the 
purpose of cultivating the vine; and considerable 
hopes were entertained that America would supply 
the market of London with wine. It is extraordi- 
nary, that, after the lapse of two centuries, notwith- 
standing the apparent aptitude of soil and climate, 
and the very frequent attempts that ha- e followed 
this very important and costly experiment, and the 
encouraging success of posterior ones, no prac- 
tical result has as yei^ in any considerable degree 
realized the fond expectation; nor even authorized 
thebelief that the time is much nearer, when those 
who delight in the juice of the grape, are to be gratis 
fied by the prospect of an American vintage. 

Under the administration of lord Delaware, 
peace, industry, order and plenty succeeded to an- 
archv, ill success, confusion and dearth* 

Sir George Somers had noticed during his stay 
at Bermudas, that there were in the woods of that 
island a great number of hogs, which were suppos- 
ed to have descended from animals of that species 
that had escaped from some vessel wrecked near 
that island. It was deemed prudent to send him thi- 
ther, in order that he might obtain as many of them as 
possible, which would make a valuable acquisition 
to the stock of the colony. After a very tedious 
passage, he reached the island, but before he could 



1610] THE FOURTH. 13 

accomplish the object of his mission, he departed 
this life. Mathevv Somers, his nephew, who com- 
manded under him, neglected the execution of his 
dying wiil to fulfill the intentions of lord Delaware, 
and returned to England to carry the corpse; 
having buried the heart and entrails near the spot 
on which the principal town of the island has since 
been built, and called St. George, in honor of the 
knight 

This year, the earl of Northumberland and forty- 
four other persons, were incorporated by the name 
of the " Treasurer and company of the adven- 
turers and planters of the cities of London and 
Bristol, for the colony and plantation of New- 
foundland," and obtained from the king a grant of 
the country from the 46th to the 52d degree of 
northern latitude, together with the seas and islands 
lying within ten leagues from the coast. The 
preamble stales, as one of the inducements to the 
grant, that *' divers of the king's subjects were de- 
sirous lo plant, in the southern and eastern parts of 
Newfoundland, whither the subjects of this realm 
have for upwards of fifty years been used annually 
in no small number to visit, to fish." The parties 
soon after sent thirty more persons, under the or- 
ders of John Guy, of Bristol; who began a settle- 
ment at Conception bay, where they wintered. 

Under the administration of lord Delaware, the 
colony rpassumed a promising aspect; but it did 
not long possess the nobleman, to whom it was in- 
debted for its restoration. His lordship, finding his 
constitution daily impaired, by a climate not con- 
genial to it, sailed oa the 28th o/ March, in quest 

N. CARO. 10 



74 . CHAPTER [^16 ii 

of relief, far the island of Nevis, famous in those 
days for its wholesome waters. The number ^of 
colonists, at his departure from Jamestown, was 
two hundred. 

George Percy, who assumed the reins of govern- 
ment, yielded them to Sir Thomas Dale, who had 
been appointed to succeed lord Delaware, and who 
arrived shortly after with three ships, bringing with 
him three hundred colonists, twelve cows, twenty 
goats, and abundance of provisions. 

A new governor, however. Sir Thomas Gates, 
arrived in the month of August: with him came a 
small fleet, consisting of six ships, on board of 
which were two hundred and eighty men, twenty 
women, one hundred head of cattle, two hundred 
hogs, military stores, and provisions. 

The colony now began to extend itself up James 
river, and several new settlements were made. Sir 
Thomas Dale, with three hundred men, being one 
half of the colonists, went up James river, and built 
a town, which, in honor of the prince of Wales, he 
called Henrico, the ruins of which, according to 
president Stith, were still visible in 1746. His 
settlement being some time after attacked by the 
Appamatox Indians, who dwelt on the river, which 
to this day preserves their name, he marched 
against them, drove them off, and took possession of 
their town, which in remembrance of the island of 
Bermudas, he called Bermuda Hundred. 

In the following year, the company obtained a 
new charter: its date is of the 12th March. It con- 
firms their former privileges, and prolongs the time 
of their exemption from the payment of duties on 



1612] THE FOURTH. Tfa 

commodities exported by them, and their certain 
boundary by this grant was extended, so as to in- 
clude all the islands lying within three hundred 
miles of the coast: this extension had been solicited 
with a view of including within the jurisdiction of 
Virginia, the island of Bermudas and the islands 
that surround it. 

The company, however, disposed immediately of 
their new acquisition to one hundred and twenty of their 
own members, who, in honor of the late Sir George 
Somers, gave these islands the name of Somers' Islands ; 
a name which they have retained on the English charts: 
on those of other nations, and pretty generally among 
English mariners, they are still known by the name of 
Bermudez, the Spanish navigator who is said to have 
discovered them. The new proprietors, last noticed, 
sent thither a colony of sixty persons, under the 
guidance of Richard Moore. They landed in June, and 
in the following month subscribed certain articles of 
government, which have been the origin from which 
civil institutions have, without interruption, been sup- 
ported in Bermudas to this day: in the course of the 
year, the colony received an accession of thirty persons. 
King James favored the adventurers of the first colony 
with the permission of raising in England money by a 
lottery: this is the first instance of any public counte- 
nance being given to the raising of money in this 
pernicious way. 

Two ships, with eighty men, and a supply of provi- 
sion, arrived this year in Virginia. 

The year 1613 is memorable for the first hostilities 
betsvecn the English and French colonists in America. 



m CHAPTER L^^l^ 

Samuel Champlain, when commencing the settlement 
of Canada, had found the Adisonkas engaged in an im* 
placable war with the Iroquois or five nations, a confe- 
deracy, consisting of the Mohawks, Oneidas, Ononda- 
gas, Cayugas and Senekas, who had been nnited from 
ancient time, had been driven from their possessions 
near Montreal, and had found an asylum on the south- 
east border of lake Ontario. The Adisonkas had, in 
their turn, been constrained to abandon their lands^ 
situated above the three rivers, and to look for safety 
behind the straights of Quebec. Cham plain had 
espoused their cause, and accompanying them, on an 
expedition against the five nations, had discovered the 
lake to which he gave his name; but which, except 
among the French, retains at this day its Indian name 
Ontario. The alliance of the Adisonkas with the 
French, turned the scale of success, and the allied 
tribes were defeated in several buttles, and reduced 
to great distress, till procuring fire arms from a Dutch 
ship, that sailed high up Manhattan river, they became 
formidable enemies to the Adisonkas and the French. 

Madame de Guercheville, a pious French lady, 
zealous for the conversion of the American Indians,, had 
procured from Dumontz a surrender of his patent, and 
obtained from Louis XIII. a charter of all the lands of 
New France, from the St. Lawrence to Florida, with 
the exception of Port Royal. She sent out Saussaye, 
with two Jesuit missionaries. He left Honfleur on the 
twelfth of March, in a vessel of one hundred tons, and 
on the sixteenth of May, arrived at Lac Acre, or Aca- 
dia, where he set up a cross, with the arms of Madame 
de Guercheville, in token of his having taken posses- 
sion for her. He proceeded ncKt to Port Royal, where 



1614] THE FOURTH. 77 

he found only five persons, v\ horn he took with him, and 
two Jesuits whom he met there ; with them he proceeded 
to Mont Depot, an island thus named by Champlain, at 
the entrance of the river Pentat^oet, in forty-four degrees 
twenty minutes of latitude ; the Jesuits fixed their settle- 
ment on the eastern end of the island, and called the place 
St. Lawrence. Saussaye left them a suitable number of 
colonists. 

The settlers were hardly provided with accommoda- 
tions, before they were attacked by the English of Vir- 
ginia, under captain Samuel Argal, sent by governor 
Gates, with seven small vessels, sixty soldiers, and four- 
teen guns. The French were not in a situation to make 
any resistance, and yielded to superior force. One of 
the Jesuits was killed, several of the colonists were 
wounded, and all made prisoners, excepting four or five, 
who found their safety in flight. Argal supplied his pri- 
soners with a fishing vessel, in which they returned to 
France ; he however retained fifteen of them and a 
Jesuit, whom he brought to Jamestown. 

On his arrival there, governor Gates, and the council, 
resolved to send him back to the coast of Acadia, to raze 
all the settlements and forts to the forty-sixth degree* 
An armament of three vessels was immediately put un- 
der the orders of captain Argal, with which he proceeded 
to St. Lawrence, wdiere he broke to pieces the cross, 
with the arms of Mackime de Guercheville, and erected 
another with those of James L, for whom possession was 
now taken of the country. He next sailed to St. Croix, 
where he destroyed all the remains of Dumontz's settle- 
tnent, and proceeding to Port Royal, he reduced the 
buildings erected there to ashes. 



78 CHAPTER [161.^ 

Oil his return to Virginia, he visited the Dutch settle-! 
ment on Hudson's river, of which he demanded posses- 
sion. Hendrick ChrisUans, the governor, incapable of 
resistance, submitted himself and his colony to the kin^' 
of England, and under him to the governor of Virginia. 
Soon after his arrival at Jamestown, captain Argal acs 
companied Sir Thomas Gates to Chickahominy, where a 
treaty was held with the Indians, who solemnly engaged 
to be faithful to king James. 

A proper direction ^vas now given to the activity of 
the colonists ; it exerted itself in useful industry, and a 
very important change took place. Hitherto, no sepa- 
rate or private property had been allowed, either in any 
part of the soil, or in the produce of it ; the planters had 
till now labored together, and were fed and supported 
out of the common stock. The five years during 
which this imprudent regulation had been enforced, by 
the king's instructions, were now expired ; the effect of 
it had not differed from what ought to have been ex- 
pected ; few and feeble efforts were made, while indus- 
try was not exerted by the certainty of the exclusive en- 
joyment of the produce of its labor; every one sought 
to remove his shoulder, as much as possible, from the 
public burden. Three acres were allotted to each man, 
to be improved as a farm ; he was required to work 
eleven months for the store, out of which he was allowed 
twelve barrels of corn, and one month was allotted him 
to make the rest of his provisions. 

In the course of the year, five hundred and forty per- 
sons arrived from England, at Bermudas. 

Early in the following year, governor Gates returned 
to England, and the administration of the affairs of 
Virginia, devolved on general Thomas Dale. 



16J6] THE FOURTH. 79 

A Dutch governor arrived at the settlement of Hud- 
son river, with a reinforcement, to assert the right of 
Holland to the country : he refused to acknowledge, as 
his predecessor had done, the dependence of the colony 
on the English throne, and put it in a posture of de- 
fence ; he built a fort on the south end of the island of 
Manhattan, where the city of New York was afterwards 
built. 

John Smith visited, this year, the northern part of 
Virginia, ranging the coast from Penobscot, to cape 
Cod, trading with the natives. From the observations 
he made on the shores, islands, harbors and headings, 
he, on his return, formed a map, and presented it to 
prince Charles, who, in the warmth of admiration, gave 
it the name of New England. 

The allotment of farms to the colonists had, at first/ 
produced a stimulus to industry ; but while these farms 
^vere held by a precarious tenure, and he, who bestowed 
his labor on the ground, had no security for the enjoy- 
ment of the improvements he erected on it, it could not 
be expected that agriculture should make rapid ad- 
vances. It was therefore determined, to grant to every 
adventurer in the colony, fifty acres of land, in free and 
common socage, and the same quantity for every person 
imported into the colony. 

In 1616, the government of Virginia was committed 
to Sir George Yardly. Soon after his arrival, the Chic- 
kahominies proving refractory, he marched against 
them with one hundred men ; he made twelve pri- 
soners, who were ransomed for one hundred bushels of 
corn ; and as the price of peace, the Indians loaded three 
boats with the same article. 



80 CHAPTER [161T 

The culture of tobacco, which was introduced about 
this time, excited the cupidity of the colonists ; for it, 
the}'' neglected the fields that yielded the more neces- 
sary, though less profitable kind of produce ; thus, their 
inattention to raising sufficient supplies of provisions, 
rendered their means of subsistence more precarious; 
and a consequent bcarcity ensued, which compelled the 
whites to renew their demands upon the Indians: those 
people, at first, reluctantly yielded a part of their stores; 
but, the frequenciy of applications soon induced an 
open refusal ; the English sought to obtain by violence, 
that which was denied to entreaty : the Indians' antipa- 
thy and lurking animosities were revived, and thej 
soon began secretly to look for means of revenge. 

Captain Argal, who arrived in Virginia as governor, 
in the following year, found it verging towards its ruin: 
the public works and buildings neglected, and fallen 
into decay; five or six private houses only, fit to be in- 
habited; the state house occupied as a church ; the mar- 
ket place, streets, and every oth?r spare place, planted 
with tobacco; the people dispersed, and their entire 
number reduced to about four hundred. It was the 
misfortune of the colonists, that the new administrator 
did not possess the talents which their situation de- 
manded. 

On the solicitations of the colonists, for a supply of 
husbandmen and implements of agriculture, the treasurer 
and company sent out lord Delaware, in a ship of two 
hundred and fifty tons, with two hundred settlers. His 
lordship died on his passage, near the b ly, which then 
received, and has to this day retained his tide : ?he ship 
arrived safely, and soon after, the colony received an 
accession of forty persons, by another. 



hUQ] THE FOURTH. 

Governor Argal's coiiduct became unusually m 
ous; and martial law, which had been proclaimed and 
ecuted, durinf^ the turbulence of former times, was r 
in a season of peace, made the common law of the h 
he published several edicts, *' which mark the sevt 
of his rule, but some of them evinced his attentioi 
public safety. He ordered that all goods should 
sold, at an advance of twenty per ceiit., and toba 
taken at three shillings per pound, and not more t 
less, under the penalty of three years servitude to 
colony ; that there should be no private trade nor fa. 
liarity with the Indians ; that no Indian should be tan; 
to shoot game, under the penalty of death, to the teacl 
and learner ; that no man should shoot, except in J 
own defence, against an enemy, till a new supply 
ammunition was received, on pain of a year's servitu,^ 
that every person should go to church, on Sundays^? 
holidays, or be confined the night succeeding the s 
fence, and be a slave to the colony the following wt> 
for the second offence, a slave for a month, and for f, 
third, a year and a day." f 

In the month of April, 1619, Sir George Yard! 
who had been appointed governor general of Virgin' 
reached Jamestown, and, in pursuance of his instru 
tions, issued a proclamation for the holding of a col 
nial assembly, on tlie 19th of June. On that day, tl 
representatives of eleven boroughs assembled to excr 
cise legislative powers ; they sat in the same house wit 
the governor and council, according to the practice of tli 
Scotch parliament. 

The fall of this year is remarkable for a dreadful mc; 
tality in Virginia, not less than three hundred colonist 
having fallen victims to it. 

N. CARD. 11 



*: 



CHAPTER, [mk 

'nty thousand pounds of tobacco were this year, 
cd irom Virginia to England. 
: Puritan or Reformed church, in the north of 
id, had, in the year 1606, on account of its dis- 
state, divided into to two distinct churches : one 
f h, under the care of John Robinson, finding 
p.itremely harrassed, on account of its non-con- 
; sought an asylum in Holland : they settled in 
r Jam, and afterwards in Leyden. After residing 
i years in the last city, various causes induced 
'o think of a removal to America. In the year 
having determined to go to Virginia, they des- 
;d some of their members to treat with the Vir-^ 
company, from which, after several attempts, they 
::d a patent, in the year 1619- 
parations were instantly made, and in the montli 
fy of the following year, a part of the church re- 
I to England, and on the 5th of August, sat sail 
outh Hampton, for Virginki, on board the ship 
^j 3e, of one hundred tons ; and a smaller one, the 
l^- '1, of sixty: a leak sprung by the latter, com- 
.hem to return, and they at last sailed' from Ply- 
h, leaving the leaky ship behindhand taking another 
, the May Flower. 

tey reached cape Cod, on the 19th of November^ 
inding themselves more northerly than they wished, 
stood to the southward, intending to land towards 
son river : falling, however, among shoals, encoun- 
g severe storms, they were induced, as the winter 
rapidly advancing, to abandon their plan, and after 
ing for a considerable time in search of a conve- 
; spot, the company landed, on the 23d of Decem- 
and two days after, began to build the first house, 



imo] THE FOURTH. 

^n the spot where the present town of Plymout 
state of Massachusetts, now stands. 

A few days after their departure from Englai 
James had granted a patent to the duke of Lei 
marquises of Buckingham and Hamilton, the 
Arundel and Warwick, Sir Ferdinando Gore 
thirty-four other persons, and their succtssor^, 
the style of '^The council established at Plymn 
the county of Dover, for the planting, ruling, .j;4 
and governing of New England, in Amenca.'V 
country lies, between forty and forly-eight dep-i 
north latitude, from sea to sea, was given them in' 
^ute property ; the rest of their charter, differs bi 
from that of the Virginia company. '■ 

In the mean time, eleven ships, with twelve hj 
and sixteen persons, had arrived at Jamestown, an( 
after, one hundred and fifty girls, either " youn 
uncorrupt," or ''handsome and well re com men ''^ 
their virtuous education and demeanor,'' were 
the colonists. They were thought too valua^ 
gratuitously bestowed : one hundred weight of ' 
the value of Avhich, in money, was about fifty 
was at first insisted upon ; but the supply nol 
equal to the demand, the price advanced fifty pe 
and one hundred dissolute persons w^ere deliver 
the king's command, to the treasurer and com 
home, by the knight marshal, and were according 
over as servants. 

The culture of tobacco had hitherto exclusi' 
grossed the attention of the colonists. It was 
rected, to more immediate and variegated objec 
hundred and fifty persons were employed in 
up iron works; others were directed to appJ 



! CHAPTER [1624 

making pitch, tar and potash, to erect some 
I prepare for the culture oF silk : tobacco was, 
still considered the principal staple commodi- 
1 inspestion of it was now ordered, 
ch ship arrived at Jamestown, and disposed of 
egroes : this was the first importation of the 

lony was flourishing ; it had been divided into 

r* :hes, and had five clergymen. 

ext year, governor Yardly was succeeded by 

s Wyatt ; seven hundred settlers arrived with 

administrator: he brought an ordinance and 

)n of the treasurer, council and company, in 

ibr settling the government of the colony in a 

ja council of state, or his assistants, and a 

lembly. The latter body was to consist of 

^sses, to be chosen by every town, hundred, 

lar plantation : the governor had a negative 

: but they were not to have any force till ra- 

e general court, or the company in England, 

Ts were, on return, to be of no force, till ap- 

the general assembly in Virginia. 

n was made for the establishment of a school 

city, and for the support of the clergy 

: the province. 

inando Gorges, who was entrusted with the 
: Plymouth company, conceived the design 
ig the Scotch to form a settlement in New 
or that purpose a patent, for the whole coun- 
ia, was granted to Sir William Alexander : it 
, into a palatinate, by the name of Nova 
e holden as a fief of the crown of Scotland, 
)rietor was invested with the accustomed re- 



1(321] THE FOURTH. ' 80 

gal powers, belonging to a county palatine. The attempt 
to bring over a Scotch colony proved abortive. Sir 
Alexander divided his palatinate into two districts, call- 
ins: the southern one Nova Caledonia, and the other 
Nova Alexandria. 

This year, George Calvert Lord Baltimore, ob- 
tained a patent for the south-eastern peninsula, of New- 
foundland, which, he named the province of Avalouy 
from Avalonius, a monk, who was supposed t j have 
converted the British king Lucius and all his court, to 
Christianity. At Ferryland, in the province of Avalon, 
lord Baltimore built a fine houy:, and spent two thou- 
sand five hundred pounds sterling, in advancing his 
piantadon. He appointed Edward Wynne, governor 
of the colony, and visited it twice in person ; but he was 
so annoyed by the French, that, though he repulsed and 
pursued their ships, and took sixty prisoners, yet, he 
found his province so much exposed to their insults^ and 
the trouble and expense of defending it so very great, 
ihat he was obliged to abandon it. 

Virginia now made rapiil advances in population and 
wealth. The quantity of tobacco, now exported, was 
more than sufiicient to supply the English market ; and 
the company opening a trade, for the surplus, with the 
Dutch, considerable shipments were made to Middle- 
berry and Flushing. This division of wealth, and the 
consequent diminution of the revenue, which the crown 
derived, from a duty which had been imposed on the im- 
portation of tobacco, awoke the attention of the king, 
who interposed his authority, to check, what he called 
an illegal innovation. The company invoked, not only 
their general privileges as Englishmen, to carry their 
commodities to the best market, but insisted on the full 



36 CHAPTER [1622 

benefit of the particular concession, in their charter, by 
which they contended an unlimited freedom of com- 
merce was secured to them. This controversy, which 
is remarkable, as the first between the mother country 
and one of the colonies, was at last, terminated, by an 
amicable arrangement. The company obtained the ex- 
clusive right of importing tobacco into the kingdom, 
and submitted to the obligation of bringing all its pro- 
ductions there, and to a duty of nine pence per pound 
of tobacco. 

Extensive settlements were now made, at a consider- 
able distance from Jamestown, even as far as the Po- 
tomac; and the situation of the colonists appeared so 
prosperous, Vv^hen contrasted with the disastrous state, 
in w^hich it had lately been, that they suffiered themselves 
to be lulled with the most dangerous security, and their 
attention to be entirely taken up, in procuring the lux- 
uries of civil life ; their martial exercise was entirely laid 
aside, and every precautionary measure, against the infi- 
delity and attacks of the Indians, discarded as super- 
fluous. 

These people had been employed by the whites, in 
the capacity of menial servants, of fishermen, and hun- 
ters ; they had been allowed the use of fire arms, and 
had acquired a considerable dexterity in the management 
of them : those who did not dwell within, or in places 
contiu:uous to the habitations of the whites, came into 
them at all times of the day, and even of the night, and 
were received as welcome guests, or, at least, as harm- 
less visitants. This inconsiderate confidence, enabled 
them to plan, and in a great degree to accomplish, the 
general slaughter of the whites : the plot was concealed 
with surprising secrecy, although all the natives within 



ie!22] THIS FOURTH. 87 

a very wide circle, were successively engaged in the 
conspiracy. Each tribe had its station allotted, and a 
part cast in the tragedy. On the morning of the dav 
appointed, every one w^as at his post, and the English 
were so unconscious of the approaching catastrophe, 
that a number of Indians, who came in as spies, to as- 
certain whether any unthought of obstacle might pre- 
vent the success of the enterprise, under the pretence of 
bringing in, as usual, presents of venison and vegeta- 
bles, were received with the accustomed cordiality. As 
the sun reached the meridian, the foe suddenly rushed 
in, from every point of the compass, upon the settle- 
ments of the whites, in every part of the colony. Men, 
woPxien and children fell, indiscriminately, under the 
axe or knife. Jamestown was, however, saved by the 
fidelity of an Indian, who lived with one of the planters, 
as one of his domestics, and recoiling at the idea of being 
the destroyer of his master, acquainted him with what 
was about to happen, soon enough to alarm his neigh- 
bours, who, running to their arms, defended themselves 
so bravely, as to repel the assailants. The Indians had 
not courage or strength of mind, to execute the horrid 
deed, which they had, with so much sagacity, concerted 
and concealed. 

In eome of the settlements, not one white person es- 
caped : in the whole, one fourth part of them fell. War 
ensued, and was followed by flimine. Eighteen hundred 
persons only, survived these disasters. 

Several families fled to the southward, and settled a 
place called Malllca^ near the river May, and afterwards, 
visited and converted tlie Appalache Indians to the 
-Christian faith. 



88 CHAPTER [1623 

On the first account of this complicated series of dis- 
asters, a liberal collection was made for the relief of the 
sufftrers, by the company in London. A supply of 
arms was obtained from the tower, and vessels were 
speedily despatched with the much needed relief. 

While the colony experienced so disastrous a calam- 
ity, the company at home were distracted by dissention 
in her councils. The king added his influence to the 
efforts of one of the parties that divided the company : 
but its weight was not sufficient to cause the scale to 
preponderate. Cha5>:rined at this, he comniissioned Sir 
William Jones, and six other persons, to inquire into all 
matters respecting Virginia, from the beginning of its 
settlement ; and he also, at the same time, sent others to 
inquire on the spot. On the arrival of this deputation at 
Jamestown, the general assembly was called, not at their 
request, for they kept all their designs as secret as possi- 
ble. The house had information of the proceedings in 
England, and copies were sent over of all the papers 
that had been acted on ; they drew up a spirited remon- 
strance, and sent an agent with it to England. 

This legislature is the first, the records of which 
have escaped the destroying hand of time. One of the 
acts it passed, is in the nature of a bill of rights ; it dc- 
' fines the powers of the governor, the council, and the as- 
sembly, and it asserts and declares the privileges of the 
people, in regard to taxes, burdens, and personal 
services. 

In the mean w^iilc, the king had, by a writ of quo 
-warranto^ prosecuted the annihilation of the company 
he was not unsuccessful ; the court of king's bene 
declared the charter forfeited. 



1^24] THE FOURTH. 89 

On the 26th of August, a commission was issued for 
the cippointment of Sir Francis Wyatt, as royal gover- 
nor of Virginia, with eleven assistants or councillors; 
both the chief administrator and his council, were to act 
during the king's pleasure: no assembly was mendon- 
ed or allowed, 

James did not live to realize the fond expectations, 
which he now entertained, from his uncontrolled man- 
agement of the affairs of Virginia. 

At his decease, which happened on the 27th of 
March, 1625 ; he left the English settlements, in x\mer- 
ica, in a very advanced degree of progressing improve- 
ment. On his coming to the throne, he found not an indi- 
vidual of his nation living under her laws, in any part of 
the new world. The settlers of his province of Virginia, 
were now scattered over all the borders of the Chesa- 
peake, within the present limits of the state ; diey pos- 
sessed large herds of cattle ; great sums of money had 
been spent, raid much care bestowed, in the prosecution 
of useful arts and manufactures, particularly iron works, 
wine, siik, sawing mills and salt pans. The exporta- 
tion of tobacco averaged forty-two thousand and eighty 
five pounds a year, and a specimen of Virginia wine had 
been sent to England, in 1622. 

The northern colony, although but four years had 
elapsed since "the landuigof the pilgrims," had multi- 
plied their settlements along the coast. 

Neither was the success of the English in coloniza- 
tion confined to the main. The small island of Bermu- 
das and its islots contained now, an English population 
equal to that of Virginia, successfully employed in rais- 
ing tobacco ; and in the last year of James' reign, the 

N. CARO. 12 



90 CHAPTER [1625 

islands oF St. Christopher and Barbadoes, began to be 
added to the list of English colonies. 

The French and the Dutch wtre the only nations 
that could be said to have, at this time, any establish- 
ment in North America, although the Spaniards had 
yet, as in the beginning of James' reign, a few soldiers 
garrisoning some forts built on the coast of Florida. 

But neither the French nor the Dutch could rival the 
English : the first had established the towns of Quebec 
and Montreal, but the population there was extremely 
thin ; they traded at Tadoussac, and had some fishing 
huts on the coast of Acadia : they had also, a few sol- 
diers in a fort they had built, in the island of St. 
Christopher. 

The Dutch at New Netherlands, in defence of that 
colony, had built several forts, one on the east side of 
Delaware bay, which they named fort Nassau, one up 
Hudson river, called fort Orange, on the spot on which 
stands the present town of Albany, and a third, the Hirsse 
©f Good Hope, on Connecticut river. At the mouth of 
the Hudson, they had laid out the city of New Amster- 
dam, which is now known as that of New York ; they 
gave their attention, principally to the fur trade ; four 
thousand beaver, and seven hundred otter skins, were 
exported to Holland, in the year 1624, estimated 
at twenty-seven thousand one hundred and fifty 
guilders. 

Lord Baltimore, had abandoned the settlement he had 
begun at Newfoundland ; none of the European nations 
had any established government there ; fishing vessels 
from the most of them, sought employment thither ; 
among them, the English had three hundred and fifty 



1625 J " THE FOURTH. 91 

sail, estimated at one thousand five hundred tons, em- 
ploying five thousand persons, and making on an average, 
annually, about cue hundred and thirty. five thousand 
pounds sterling. 



Smith — Stith — Beverly — Keith — MarshalL 



CHAPTER V. 



Sir George Yardly was appointed governor of Vir» 
ginia, on the accession of Charles IL to the throne of 
England. The new monarch devolved, on his repre- 
sentative at Jamestown, the absolute government of the 
proviace, under the directions of the crown ; the Vir- 
ginians v/ere compelled to obey statutes, in the forma- 
tion of which they had no agency, and to pay taxes, for 
the imposition of which they were not consulted. Neither 
was the new oppressive system confined to their public 
affairs ; it soon affected private property ; the planters 
were forbidden to dispose of their tobacco to any per- 
son, but certain commissioners appointed by the king 
to engross that commodity ; the king's favorites, at 
home, soon began to obtain vast and ill defined conces- 
sions of land, which checked the progress of agriculture, 
and became the source of frequent disputes about titles, 
and consequent litigation. 

In the following year, a bill for the maintenance and 
increase of shipping and navigation, and for the free 
liberty of fishing voyages on the coasts of Newfound- 
land, Virginia and New-England, passed the house of 
commons, but never was returned from the house of 
lords ; it is supposed to have been the revival of a bill, 
the introduction of which had given offence to king 
James, in 162L The spirit of the commons was noL 



i627] CHAPTER. 93 

repressed by the miscarriage of it ; in a strong repre- 
sentation of grievances, which they presented to th^ 
monarch, they insisted that *' restraint of the subject from 
the liberty of a free fishing, with all the necessary inci- 
dents, w^s a great national grievance." The spirit dis- 
played by this animated assembly, and its refusal to grant 
to the sovereign a required aid, brought on its 
dissolution. 

Gustavus Adolphus, king of Sweden, having patron- 
ized the scheme of Gulielm Usselin, to establish a Swe- 
dish colony, near that of the Dutch, on Hudson river, 
a number of Swedes and Fins came over in the year 
1627, and landed on cape Henlopen, which they ciilled 
Paradise Point ; they purchased from the natives all the 
land from that cape to the falls of the Delaware. 

On the twenty- second of June, Charles I. granted to 
the earl of Carlisle the island of Barbadoes, and all the 
Caribbee islands ; the whole w^as erected into a province^ 
which, in honor of the patentee, was calkd Carliola. 

Governor Yardly dying, was succeeded by sir John 
Harvey. The conduct of the new administrator was not 
calculated to lessen the pressure of the king's despotism ; 
he was haughty, inauspicious, and unfeeling. 

The English, the following year, settled on the island 
of Nevis, and at the same time was laid the foundation 
of tl"ie colony of Massachusetts. The council for New- 
England, on the nineteenth of Mcirch, sold to sir Henry 
Roswell, sir John Young and four other associates, in 
the neighborhood of Dorchester, in England, a patent 
for all that part of New- England, lying between three 
miles to the northward of IVlerrimack river, and three 
miles to the southward of Charles river, and a length 
within the described breadth, from the Atlantic ocean to 



94 ' ' CHAPTER [1629 

the South sea, and on the following year the grantees 
were incorporated, by the name of '* the governor and 
company of the Massachusetts bay, or New-England." 

A commission having been given this year, by- 
Charles I. to David Kertz and two kinsmen of his, of 
the same name, they advanced as far as point Levy, and 
sent an officer on shore, to Quebec, to summon the city 
to surrender. Samuel Cham plain, who had the chief 
command there, knowing his means inadequate to a 
defence, surrendered the city by capitulation. 

This year, the town of Boston, in Massachusetts, was 
settled. 

In 1629, the English began a settlement at New- 
Providence, one of the Bahama islands, which at that 
time was entirely uninhabited. 

Sir William Alexander sold all his rights in Nova 
Scotia, excepting Port Royal, to Saint Etienne, lord 
Latour, a French Huguenot, on condition that the inha- 
bitants of the territory should continue subjects to the 
crown of Scotland. The French still retained possession 
of the country. 

Sir Robert Heath, attornev-2:eneral to Charles I. ob> 
tained a grant of the lands between the thirty- eighth 
degree of north latitude, to the river St. Matheo. His 
charter bears date of October 5, 1629, or the fifth year 
of Charles I. The preamble sets forth, that the grantee 
being excited, wath a laudable zeal for the propagation 
of the Christian faith, the enlargement of his sovereign's 
empire and dominions, the increase of the trade and 
commerce of the kingdom, had besought leave, by his 
own industry and charge, to transplant an ample colony 
of English subjects, unto a certain country in America, 
not yet planted or cultivated. 



1630] THE FIFTH. y5 

The land granted, is thus debcribed : " by all that river 
or rivulet o: Sua Matheo, on the bouih part, by aii that 
river or rivulet ot Pasiso Ma^no^ on the north part, and 
all the land^, tenements or hereditaments, wiihm the said 
two streams, by the tract thereunto, the ocean on the 
eastern and weste/n parts, so far south as the continent 
extends it^elt there: and also all those islands ot Vea- 
nis .liia Bahama, and ah the islands and islots near there- 
to, and iy ng southward oi and irom the said entrances 
all which lie within the thirty-first and thirty. sixth de- 
crees of north latitude inclusiveiv." 

The tenure is declared to be as ample as any bishop 
of Durham, in the kingdom of England, ever held and 
erjoyed, or ought or could of right have held and 
enjoyed. 

Sir Robert, his heirs and assigns, are constituted the 
true and absolute lords and proprietors, and the country 
is erected into a province, by the name of Carolina, and 
the^islands are to be called the Carolina islands. 

Sir Robert conveyed his right, some time after, to the 
earl of Arundel. This nobleman, it is said, planted 
several parts of his acquisition, but his attempt to colo- 
nize was checked by the war with Scotland, and after- 
wards the civil war. Lord Maltravers, who e con after, 
on his father's death, became earl of Arundel aid Sussex 
and earl marshal of England, made no attempt to avail 
himself of the grwnt. 

On the fifth of November, a treaty of peace was con- 
cluded with Spain, by which it was stipulated, that the 
subjects of both crowns should be at peace and amity, 
in all parts of the world. Hitherto, the Spaniards had 
exercised perpetual hostility against all European ships 



96 CHAPTER [1631 

in the American seas, pretending, under Alexander's 
bull, to the exclusive right of navigating them. 

Robert, earl of Warwick, having the last year receiv- 
ed a patent from the council of Plymouth, of all that 
part of New-England, which extends from Narraganset 
river one hundred and twenty miles, on a strait line, 
near the shore, towards the south-east, from sea to sea, 
now made it over to William viscount Say and Seal, 
Robert, lord Brook, and their associates. This is the 
original patent for Connecticut. 

In the month of May, the king granted a license, un- 
der his sign manual, to William Claiborne, "to traffic 
in those parts of America, for which there was already 
no patent granted for the sole trade." Claiborne and 
his associates, with the intention of monopolizing the 
trade of the Chesapeake, planted a small colony on the 
island of Kent. 

By the treaty of St. Germain, in the following year, 
Charles I. resigned the right which he had claimed to 
New-France, Acadia and Canada, as the property of 
En^^land, to Louis XIII. kijig of France. 

Sir Thomas Warner, governor of St. Christopher, 
established a small colony on the island of Montserrat. 
Antigua was settled at the same time. 

George lord Baltimore, sickened by the severity of 
the climate, and barrenness of the soil, in his provhice of 
Avalon, having visited that of Virginia, was much 
pleased with the mildness of the weather and the fertility 
of the land, and observing that the settlements in the 
latter province did not extend behind the river Poto- 
mac, on his return, solicited a grant, but before the 
patent could be prepared and pass the seals, he died, on 



IS34] THE FIFTH. ^ 

the 16th of April. On the 20th of June following, his 
eldest son Ceciliiis Calvert lord Baltimore, received a 
grant of a vast tract of land to the northward of the river 
Potomac, which was erected into a province, by the 
name ot Maryland, in honor of Henrietta Maria, queen 
of Enojland, and daui^hter of Henry IV, of France ; this 
included the island of Kent, of which we have seen 
William Clay borne had possessed himself the preceding 
jear. 

This grant gave umbrage to the Virginians ; in a 
petition to the king, they remonstrated against " some 
grants of a great portion of the lands of the colony, so 
near their habitations, as will be a general disheartening 
to them, if they shall be divided into several govern- 
ments." Clay borne lay claim to his island, and de- 
clared his intention to disown the jurisdiction of Mary- 
land, countenanced by the Virginians, whose jealousy 
ol the new grantee was extended to the members of the 
religion he professed ; the legislature passed severe laws 
against sectaries of all denominations : this was an in- 
considerate act ; it occasioned the flight of some of the 
planters to other colonies, and prevented the arrival of 
others who intended to remove to Virginia. 

This year was built the first house in Connecticut. 

Lord Baltimore sent over his brother, George Calvert, 
with about two hundred Roman Catholics ; they sailed 
from England in the month of November, and arrived 
in the Chesapeake in the following year ; proceeding to 
the Potomac, he passed by the Indian town of that 
name, and went to Piscataway, where by presents to 
the head men, he conciliated their friendship to such a 
degree, that they offered to sell one part of the town to 
him, and to live in the other, till they could gather their 

N. CARO. 13 



CHAPTER. [163.> 

harvest, when they would resign the whole to the Eng- 
lish, Calvert, thus obtaining possession of the town, 
gave it the name of St. Mary's. 

The king now gave a special commission to the arch- 
bishop and eleven other persons, for governing the 
American colonies, and an order was given to the lords 
commissioners of the cinque ports and other sea ports, 
to stop the promiscuous aixi disorderly departure of 
the king's subjects to America, and the sending of a 
governor- general thither was spoken of. 

As soon as information of this reached Boston, there 
was a general meeting of as many of the colonists, as 
could be called together, and the clergy were wished to 
attend it, and give their advice ; all the ministers ap- 
peared, except one, and the meeting came to an unani- 
mous resolution, that if such a governor were sent, he 
ought not to be received, but the people should, if able, 
defend their lawful rights, otherwise temporise. 

In the summer, the council of Plymouth surrendered 
its charter to the king, that instrument being complained 
of in parliament, who construed it as a monopoly : and 
soon after, a quo warranto was brought against the 
governor, deputy governor and assistants of the corpo- 
ration of Massachusetts, on which a judgment was soon 
obtained against them. Preparations were made for 
sending over a governor-general, but a large ship, which 
was buih for that purpose, fell asunder in the launching, 
and the scheme was abandoned. 

In the fall, the patentees of Connecticut sent over John 
Winslow, as the first governor of that colony ; the 
Dutch of New Netherlands opposed his taking posses-- 
sion of his government, but he prevented them, and 



iG36] THE FIFTH. 99 

built a fort at the entrance of Connecticut river, which 
lie called Sa} brook. 

The French this year made their first establishment 
at Cayenne, in the West Indies, under Monsieur de 
JBouligny. 

In the following year, the settlement of Providence 
was began, under the aus}3ices of Roger Williams, a 
minister, who had been driven away from Massachu- 
setts ; and John Wheelright, another minister from the 
same colony, who w^as ordered by the general court to 
remove out of the jurisdiction of Massachusetts, on a 
charge of sedition and contempt of authority, began a 
plantation at Rhode Island. 

Although the people in Virginia, at a great distance 
from the throne, and ever awed by the authority derived 
from a royal commission, submitted for a considerable 
time to governor Harvey's exactions and tyranny, their 
patience was at length exhausted; roused almost to 
madness, they seized and sent Sir John a prisoner to 
P2n gland. 

The king found the mode, adopted by his subjects, in 
Virginia, to redress their own grievances, quite repug^ 
nant to his idea of the passive obedience due to a mo- 
narch ; he considered it as an encroachment on his rights, 
and a daring act of rebellion ; he refused to admit to his 
presence two colonists, who had come over with the 
governor, in order to lay the complaints of their coun- 
trymen at the foot of the throne, and far from hearkening 
to their solicitations, he renewed the powers of Sir 
John, and commanded him to return immediately to 
Jamestown. 

Charles did not, however, persist long in tlie determi- 
nation of disregarding the remonstrances of the colonists ; 



100 CHAPTER [163F7 

either affected by their distress, or conscious of the dan- 
ger he ran in provoking them, to assert their rights by 
violence, he despatched, in the following year, Sir John 
Berk'ey, to supersede governor Harvey. 

The new administrator, on meeting the colonists, im- 
parted to them the orders he had received, to rule the 
country, according to the laws of Enj^hnd, and he soon 
after directed an election of burgesses, to meet him and 
the council in a general assembly. 

In the month of April, the king issued a proclamation, 
to restrain the transportation of his subjects to America ; 
it forbade the granting of any license for that purpose, 
unless the applicant produced a certificate of his having 
taken the oaths of supremacy and allegiance, and con- 
formed to the discipline of the church of England; and 
an ordinance was issued, forbidding all persons to enter- 
tain any stranger that should arrive in the colonies, with 
intention to reside, or allow him an habitation, without 
liberty from the stimding council. 

The plan of uniting the government of the America^ 
colonies, under one officer, was revived, and Sir Ferdi- 
nando Gorges was appointed governor-general, but it 
does not appear that he ever acted under bis commission. 

Governor Berkley had it in strict charge, to require 
from every vessel sailing from Virginia, a bond with 
surety, for the landing of her cargo in some part of the 
king's European dominions. 

Monsieur d'Ernambuc, the founder of the French 
colony in the island of St. Christophers, brought from 
that island one hundred soldiers, to Martinico ; he built 
a fort, which he called St. Peters', and began the settle- 
ment of that island. 



1638] THE FIFTH. 101 

The power of archbishop Laud growing grievous to 
the Puritans, many of them thought of seeking refuge in 
the American plantations ; such number of families be- 
gan to transport themselves, that government took um- 
brage, and a proclamation was issued, to prevent mi.2"ra- 
tions to Amtrica, without the king's license. Oliver 
Cromwell and John Hambden, two persons who a few 
years after became so famous, were among a number of 
men of note, who had made preparations for their depar- 
ture, and m consequence of the proclamation, the lord 
treasurer was directed by an order of the king and council, 
to take speedy and effectual measures for the stay of 
eight ships, in the river Thames, bound to New- Eng- 
land ; accordingly, Oliver Cromwell and John Hambden, 
and the rest of the passengers, were compelled to aban- 
don their intended voyage. 

In the following year. Sir Ferdinando Gorges ob- 
tained from the crown a distinct charier of all the land, 
from Pasquataqua to Sagadehoc, styled the Province of 
Maine ; he was created lord palatine of the country, with 
the same powers and privileges as the bishop of Durham, 
in the county palatine of Durham ; he constituted a 
government in the province, and laid the foundation of a 
city, which he called Gorgeana. 

This ye ir is noted for the establishment of the first 
printing press in North America, it was set up at Cam- 
bridge ; and the establishment of a nunnery in Quebec, 
in Canada. 

The colony of Virginia was called upon by the king's 
letter, to grant assistance to Henry lord Maltravers, in 
settling Carolana, and on motion of William Hawley, 
who was his lordship's deputy, an order of council was 
made to that effect. 



102 CHAFfER - [1640 

An attempt was made in parliament, to establish over 
Virginia the government of the ancient company, and 
to annul the charter of Maryland ; but it was vigo- 
roiisly opposed by the Virginia assembly, and the mea- 
sure was abandoned: *' the ancient dominion had now 
learned from experience, that more liberty is enjoyed 
under any form, than beneath the rule of a commercial 
company." 

The French began, in 1641, to establish a colony at 
a place on the continent of South America, called Suri- 
nam, but finding the climate unhealthy, and the land low 
and marshy, they abandoned it to the English, who the 
same year, under the auspices of lord Willoughby , first 
settled there. 

The intrigues of Clayborne in Maryland infused 
jealousy into the natives ; the rapid increase of the Eng- 
lish, threatening their own annihilation as a people, gave 
them much uneasiness; individuals procured their lands, 
without the authority of government, for considerations 
totallv inadequate, with which, therefore, on review, they 
were greatly dissatisfied. These combined causes, in 
the beginning of 1643, brought on an Indian war, 
which, with its accustomed evils, continued several 
years. 

On the nineteenth of May, 1643, was signed at Bos- 
ton, a treaty made between the colonies of New -Eng- 
land; this measure had been in agitation for several 
years, and five years before those of Massachusetts, Con- 
necticut, Plymouth, and New-Haven, had formed a 
treaty of amity, offence and defence, mutual advice and 
assistance, on all necessary occasions; circumstances 
delayed the execution of this treaty, which was now 
subscribed bv commissioners from those colonies, who 



1644] THK FIFTH. 105 

met at Boston. The vicinity of the French, Dutch, 
and Swedes, the hostile attitude taken by the Indian 
tribes near them ; the civil dissentions in England, which 
obstructing commerce, rendered a communication with 
the mother country difficult, and consequently pre- 
vented the means of obtaining supply or relief on 
urgent occasions. 

The parties to this instrument declare, that as in na- 
tion and religion, so in other respects, they be and con- 
tinue one, and henceforth be called the United Colonies 
of New.Eno;land. The united colonies were to form a 
body, with regard to their common concern, but the 
private concerns of each were to be managed by its own 
court and magistrates; in case of need, the force to be 
raised by the union, was to be, in the proportion of one 
hundred men in the colony of Massachusetts, and forty- 
five in each of the others. This union subsisted until 
the abrogation of the charter of the New- England 
(solonies, by James II. in 1684. 

The earl of War\vick was this year appointed, in pur- 
suance of an ordinance of parliament, governor in chief 
and admiral of the American colonies ; a council was 
given him, composed of five peers and twelve com- 
moners ; with it he was empowered to examine the state 
of the colonies, to send for persons and papers, to re- 
move governors and officers and appoint others in their 
places, and to assign to those such part of the powers that 
were there granted, as he should think proper. 

One of the first acts of the new governor in chief was 
a charter of incorporation of the towns of Providence, 
Newport and Portsmouth, with the power of governing 
themselves, but agreeably to the laws of England. 



104 CHAPTEE [1645 

Duparquet of Martinico this year took possession of 
the island of St. Lucia, in the name of Louis XIV. who 
had ascended the French throne two years before. 

The legislature of Virginia prohibited trade by barter, 
and estab'ished the piece of eight or six shillings, as the 
standard of currency for the colony. 

A rebellion now broke out in Maryland, at the head 
of which were William Clayborne and Richard Ingle, 
who not only forced governor Calvert to fly for aid and 
protection into Virginia, but took possession of the 
public records, and for a long time prevented the 
exei cise of the powers of government. 

Bv an ordinance of the lords and commons of Kno:- 
land, all merchandize, goods and necessaries, for the 
American plantations, were exempted from duty for 
three years, on condition that no ship or vessel in any of 
the colonial ports, be suffered to load any goods of the 
growth of the plantations, and carry them to foreign 
parts, except in English bottoms. This was the 
foundation of the navigation acts. 

The French, in Canada, finding it difficult to contend 
with the Iroquois, a very powerful nation of Indians, 
solicited aid from the province of Massachusetts, and 
offered liberal compensation: but no succor was given, 
it being thought, those Indians would be a powerful 
bulwark between the English and French, in case of a 
war breaking out between them. 

Tlie commissioners of the united colonies sent an 
agent to the governor and council of Canada, to project 
an agreement, by which, in case of war between the two 
nations, the French and English colonies should re- 
main in peace. Monsieur d'Ailleboust, the governor, 



1648J THE FIFTH. 105 

as well as his council, received the proposition with 
great eagerness, and appointed father Dreuillettes to go 
to Boston to make the necessary arrangements, on con- 
dition that the English would aid the French against the 
Iroquois : but the same reasons, that had induced the re- 
jection of this measure last year, prevailed, and nothing 
was done. 

The year 1648 is remarkable for the peace o£ 
Westphalia. 

The French, under the auspices of Monsieur de 
Poincv, governor of St. Christopher, began their settle- 
ments in the island of St. Bartholomew. 

During the extreme distress of the royal party in Eng- 
land, this year, the territory between the Rappahannock 
and the Potomac, was granted to lords Hopton, Beverly, 
Culpepper, and other cavaliers, who probably wished to 
make Virginia an asylum. 

On the 30th of January, Charles I. was beheaded at 
Whitehall, in the fifty-first year of his age, and the 
twenty. sixth of his reign. 

Atthe demise of this monarch, the whole centre coast 
©f the northern continent of North America, was either 
settled or had been granted away, from the province of 
M tine to the river St. Matheo. The settlements of th^ 
French, in Canada, were in a coiibiderable progress. 

The foundation of the whole of the New- England 
colonies was laid ; the Dutch possessed the present states 
©f New- York and New- Jersey, and part of that of Con- 
.necticut, and had plantations much higher than Albany ; 
the Swedes occupied the 'lores of the present states of 
Pennsylvania and Delaware ; the colony of Maryland, 
cwing to its late commotion, was still in its infancy; 
thai of Virginia was in a prosperous state ; the country 

N. CARO. 14 



106 CHAPTER [I64S 

now covered by the states of North and South Carolina, 
and Georgia, was claimed by the assignees of Sir Robert 
Heaih, who till now had made no advances towards the 
occupation of it. 

The Spaniards ha<I made no improvements in Florida; 
they still kept, as during the reigns of the two predeces- . 
sors of Charles L, a few soldiers in some forts on the coast. 

We have seen, that part of the island of St. Christo- 
pher had been occupied by the English, and another 
by the French; these two nations still kept their 
possessions. 

The English, during Charles's reign, had occupied » 
in the West Indies, the island of Earbadoes. 

The French had settled colonies in Martinico, St.' 
Lucia, St. Christopher, and claimed the island of Gre- 
nada, but the establishments were of so little importance, 
that in the year 1651, Duparquet purchased from the 
West India company, the islands ot Martinico, St. 
Lucia, Grenada, and the Grenadines, for fifty thousand 
livres, of the value of little more than ten thousand dol- 
lars. Seven years after, the progress of colonization in 
the West Indies had been so very great, that he sold 
the single island of Grenada, for thirty thousand crowns,, 
of the value of about eierhteen thousand dollars. 

The successes of the English, in the predatory incur- 
sions upon Spanish America, during the reign of Eliza- 
beth, had never been forgotten : and from that period 
downward, the exploits of Drake and Raleigh were imi- 
tated, upon a smaller scale indeed, but with equally des- ^ 
perate valour, by small bands of pirates, gathered from 
all nations, but chiefly French and English. The en- 
grossing policy of the Spaniards tended greatly to ex- 
tend the number of these freebooters, from whom^their 



1648] THE FIFTH. lOlf 

colonies suffered in the issue dreadful calamity. The 
windward islands, which the Spaniards did not deem 
worthy their own occupation, had been gradually settled 
by adventurers of the English and French nations ; but 
Frederick of Toledo, who was despatched in 1630 with 
a powerful fleet against the Dutch, had orders from the 
court of Madrid to destroy these colonies, whose vicinity 
at once offended the pride, and excited the jealous suspi- 
cions, of their Spanish neighbors. This order the Span- 
ish admiral executed, with sufficient rigour : but the 
only consequence was, that the planters, being rendered 
desperate by persecution, began, under the well known 
name of buccaneers, a retaliation so horribly savage, that 
the perusal makes the reader shudder. When they car- 
ried on these depredations at sea, they boa^'ded, without 
respect to disparity of number, every Spanish vessel 
that came in their way, and demeaning themselves both 
in the battle and after the conquest, more like demons 
than human beings, they succeeded in impressing their 
enemies with a sort of superstitious terror, which ren- 
dered them incapable of offering effectual resistance ; 
from piracy at sea, they advanced to making predatory 
tlescents on the Spanish territories, in which they dis- 
played the same furious and irresistible valour, the same 
thirst of spoil, and the same brutal inhumanity to their 
captives ; the large treasure which they acquired in their 
adventures, they dissipated in the most unbounded licen- 
tiousness, in gaming, women, wine, and debauchery of 
every species ; when their spoils were thus wasted, they 
entered into some new association, and undertook new 
adventures. 

Smith — Stith — Beverly — Keith — Marshall 



CHAPTER Vr. 

In the month of June, 1650, Charles II. sent from 
Breda, a new commission to Sir William Berkely, as 
governor of Virginia, declaring his intention of ruling 
ajid ordering the colony, according to the laws ?nd 
statutes of England. His authority continued to be ac- 
knowledged in Virginia, and several of the West India 
islands. This induced parliament to prohibit, by an 
ordinance, all trade with Virginia, Barbadoes, Bermu- 
das and A itiguci; and in the following year, the legisla- 
ture of Massachusetts passed an act, forbidding all trade 
with these colonies, till their submission to the common- 
wealth, or the further orders of the general court. 

This year, the French established a colony on the 
island of Grenada, and the English on that of Anguilla. 

The Dutch, navigating their ships at a much cheaper 
rate than their neighbors, and carr^^ing, conserjuently,. 
goods for a much less freight, had engrossed a consider- 
able portion of the carrying trade ; they were even em- 
ployed to convey Amtrican produce to England. This 
evil had arisen to so high a degree, that English seamen 
finding it difficult to find occupation, on board of the 
vessels of their own nation, sought it on board of those 
of the Dutch. This, and a desire of adopting the most 
effectual mode of retaining the colonies in dependence on 
the parent state, and of securing to it the benefit of their 



1651] CHAPTER. lOy 

increasing commerce, induced parliament to pass an 
act, forbidding the importation of merchandise from 
Asia, Africa, or America, (including the English plan- 
tations there) into England, in any but English 
built ships, and belonging either to English, or English 
plantation subjects, navigated by an English commander, 
and a crew, of which three fourths should be Eng- 
lish; excepting such merchandise, as should be import- 
ed directly from the original place of their growth or 
manutacture, in Europe solely ; and that no fish should, 
thenceforward, be imported into England or Ireland, 
nor exported thence to foreign ports, nor even from one 
of their own home ports, but what should be caught by 
their own ships. 

The house of commons, who had assumed the go- 
vernment of England, issued a proclamation, for the re- 
duction of the colonies to a dependence on the mother 
country. This paper states, that as the colonies were 
settled at the expense of the mother country, they were 
dependent on it, and owed obedience to its laws. A 
consideral)le fleet was accordingly put under the com- 
mand of Sir George Ayscue, and he was directed to pro • 
ceed to America, to endeavor, by peaceable means, to 
reduce the colonies to obedience, and if these fliiled, to 
reduce them bv force. 

Sir George Ayscue reached the' island of Barbadoes, 
on the 16th of October, and with some difficulty suc- 
ceeded in bringing the islandto capitulate: the other Eng- 
lish islands recognized the power of the commonwealth, 
This being eff*ected. Sir George despatched captain Den- 
nis, with a small squadron of men of war, to reduce the 
colony of Virginia, to the rule of the protector. 



no CHAPTER [1652 

Governor Berkely, who had timely notice of the ap- 
proach of the men of war, made preparations to defend 
the country. There happened to be before Jamestown, 
seven Dutch ships, the masters of which, apprehend- 
ing they might be considered as pursuing a forbidden 
trade, were easily persuaded to lend their assistance, in 
repelling the squadron of the commonwealth. The 
cargoes of these ships were landed, cannon was put on 
board, and they were filled with armed men : a line 
of them was formed, moored close to shore, with 
their broadsides to the enemy : several pieces of ord- 
nance were placed, so as to support the line formed by 
the ships, flanked by a number of troops, covering 
the shores of the river as far as the eye could reach. 

The commander of the English fleet, whose force was 
much weakened by the fatigues the troops had experi- 
enced, and the shortness of the supply of provisions, 
was much disappointed in encountering, when he ima- 
gined he touched the end of his labors, an enemy so 
well prepared to resist him ; he determined on an attempt 
to attain by negotiation, what appeared so difficult to 
effect by arms ; flags of truce passed between him and 
the governor. 

One circumstance was calculated to facilitate the sub- 
mission of the colony. There were on board of the 
fleet, large quantities of merchandise belonging to two 
members of the council, who were not long without 
understanding, that the restoration or loss of their pro- 
perty depended on their conduct, or the eventual suc- 
cess of the negotiation. Beverly, a historian of the day, 
imagines that the unanimity, which heretofore had pre- 
vailed in the councils was, on this account, destroyed 



^ 



1652] THE SIXTH. Ill 

and perplexed; the idea of resistance was abandoned, 
and the efForvS of tbe council, were confined to obtaining 
favorable terms for the surrender of Virginia. 

In this they met with no difficulty : the English com. 
mander consented, that neither the governor nor any of 
the council, should be obliged to take any oath or en- 
gagement to the commonwealth, for twelve months ; 
nor confined for praying for, or speaking well of, the 
king, in their private homes or neighbourly conference, 
during that time. 

That governor Berkely might, at his own expense, 
send a person to give an account to the king, of the sur- 
render of the colony. . 

That the governor and members of the council, 
should have their lands, horses, goods, and debts pro- 
tected, and liberty to remove themselves with their 
property. 

That all persons in the colony, who had served the 
king in it or in England, should be free from prosecu- 
tion therefor, and that the commissioners of the protec- 
tor should issue, immediately on the surrender of the 
colony, an act of oblivion and indemnity, under their 
hands and seals : these preliminaries having been arrang- 
ed, articles were agreed on for the surrender of the 
colony. 

It was stipulated, that the plantations of Virginia and 
its whole lands, should be and remain, in due obedience 
and submission to the commonwealth of England, and 
enjoy the same freedom and privileges, as the frecborn 
people of England. 

That the general assembly should convene, and trans- 
act business, as had been theretofore used ; but that 



112 CHAPTER [1652 

nothing should be acted or done, contrary to the go- 
vernment of the commonwealth, and the laws then 
established. 

That there should be a total remission and indemnity, 
of every thing done or spoken against the parliament. 

That the ancient limits of the colony should be con- 
firmed ; as well as all the patents for land, granted by any 
of the preceding governors ; and the privilege, of fifty 
acres of land to new comers, should be continued. 

That there should be as free a trade from Virginia, 
as from any EngUsh plantation in America. 

That Virginia should pay no taxes, not imposed by 
the general assembly, and that no fort or garrison 
should be erected or maintained, without its consent, 
and no charge should be made against them for the 
present expedition. 

That such colonists, as might refuse to take an oath of 
fidelity to the commonwealth, might, within one year, 
withdraw themselves and property. 

That the use of the prayer book, changing what re- 
lates to the sovereign, should continue ; that the minis- 
ters should remain in their functions for one year. 

That the grant of the quit rents for seven years, should 
be confirmed. 

On the 30th of April, it was agreed, in a general as- 
sembly, composed of the commissioners and representa- 
tives of the people, that Richard Bennett should be go- 
vernor for one year, or until the pleasure of the council 
of state should be known. William Clay borne was ap- 
pointed secretary of the colony ; and a council of thir- 
teen was, at the same time, appointed to advise the go- 
vernor; and these executive officers were directed to 



1653] THE SIXTH 113 

act from time to time, and to have such power and au- 
thorities as, by the house of assembly, shall be appointed 
and granted, to their several places. 

To encourage the staple commodity of Virginia, the 
English parliament, this year, passed an act which gave 
legal power to the ordinances of James and Charles, for- 
bidding the planting of tobacco in England. 

The inhabitants of the province of Maine were, at 
their own request, taken under the protection of the col- 
ony of Massachusetts, to which they have remained uni- 
ted in government, till within a few years. Massa- 
chusetts claimed the jurisdiction of that province, as 
lying within the limits of its charter of 1628. 

The government of Maryland was taken out of the 
hands of Lord Baltimore, for disloyalty to the ruling 
power in England, and settled in the hands of parlia- 
ment; two years after, it was vested in those of the 
protector. 

By an order of the council of state for England, the 
government of Rhode Island was suspended , but the 
colonists, taking advantage of the distraction which soon 
after ensued in England, resumed its government, and 
continued without interruption till the restoration. 

This year is noted For the first coinage in the Eng- 
lish colonies. A mint being established in Boston, the 
money coined was in pieces of one pound, six shillings 
and three pence. 

The law enacted, that the legend, Massachusetts, and 
a tree in the centre, be on one side of the coin, and New 
England, the year of our Lord, and the figures XX, 
VI, and III, according to the value of the piece, be on 
the other side ; the date, 1652, was never altered 

N. CARO. 15 



114 CHAPTER [1651:^ 

although more coin was stamped annually, for thirty 
years. 

This year was executed, at Hartford, in Connecticut, 
Mrs. Greensmith, the first witch heard of in North 
America : she was accused, in the iiidictment, of prac- 
tising evil things on the body of Ann Cole, which did 
not appear to be true. The Rev. Mr. Stone and other 
ministers, swore that Mrs. Greensmith had confessed 
to them, that the devil had had carnal knowledge of her. 
The court then ordered her to be hanged on the indict- 
ment. 

Sir William Berkely representing, that he had been pre- 
vented, by the war between the protector and the Dutchr 
from leaving the colony, and the time allowed him to 
stay, by the articles of capitulation, having expired, a de- 
lay of eight months was allowed him by the general 
assembly. 

The settlement on Albemarle sound continued to in^ 

N crease ; and in 1653, the legislature of Virginia, on the 

^ application of Roger Greene and others, inhabitants of 

r-if .^. Nansemond river, ordered, that ten thousand acres of 

land, be granted to the first one hundred individuals, 

who might settle on Moratuck or Roanoke rivers, and 

on the south side of Chowan river and its branches. It 

was required they should settle by each other, and be 

supplied with arms and ammunition. One hundred 

"^ f-t ' acres were granted to Greene, next to those formerly 

••- granted, as a reward. 

In the year 1654, Edward Digges succeeded Richard 
Bennett, as governor of Virginia. 

Preparations were made, this year, in New England, 
for the conquest of the settlement on Manhattan island 
and Hudson river, from the Dutch, But, Oliver 



^.655] THE SIXTH. 115 

Cromwell, desirous that the two sister republics might 
be well together, made a sudden peace, which put an 
end to the hostile intentions of New England, and left 
the Dutch, for a few years longer, in possession ox New 
Netherlands. 

Colonel Woods, who dwelt at the falls of James river, 
sent suitable persons, on a journey of discovery to the ' ^ 
westward; they crossed the Allegheny mountains, and // • 
reached the banks of the Ohio, and other rivers empty- 7 

ing into the Mississippi. 

Towards the close of this year, the protector sent 
vice-admiral Penn, with a fleet of thirty sail, on board 
of which was a considerable number of land forces, im- 
<ler general Venables, to take the island of Jamaica. 
After taking a reinforcement of three thousand five hun- 
dred soldiers, in the island of Barbadoes, the fleet arrived 
before Jamaica on the 13th of April, and soon after be- 
gan the attack ; but the Spaniards made so rigorous a de- 
fence, that the general was obliged to re-imbark his men. 
The army landed before, and began the siege of St. Yago 
de la Vega, the capital of this island ; on the 2d of May, 
on the fall of the city, the whole island was reduced, and 
annexed to the dominions of England, of which it has 
to this day made a part. 

The Dutch now drove away the Swedes, from their 
possession on the Delaware, which was added to New 
Netherlands. It will be remembered, that the Swedes 
had first landed on the banks of the Delaware, in the 
year 1627. During a period of about thirty years, they 
extended their settlements along tb- shore, as high up 
as the spot, on which the town of NewCasilenow stands; 
there they had a fort, called fort Casimir, the name of 
^hich, the Dutch altered to Nmser Amstel; they had 



116 CHAPTER [1656 

another fort, called fort Christina, on the stream which 
to this day retains that name. 

The city of New Amsterdam (now New York) was 
in the following year, laid out into streets, on the origi- 
nal plan, which has since been improved to so great an 
advantage. 

Governor Digges was succeeded in the chief magis- 
tray of the colony, in the year 1656, by Samuel Ma- 
thews. The new governor did not long hold the rein a. 
He was, soon after his election, requested to join his 
two predecessors, who had been sent to England, as 
agents of the colony, to solicit the ratification by the pro- 
tector, of the articles on which Virginia had been sur- 
rendered, as well as a favorable settlement of a dispute 
respecting boundaries, which had for bcveral years, ex- 
isted between the colonies of Maryland and Virginia, to 
remove unfavorable impressions, which the mind of the 
protector had received, on account of her protracted at- 
tachment to the royal cause; and a report which prevail- 
ed in England, that she supported lord Baltimore against 
the interests and the wishes of the people; a report 
which derived credit from the circumstance of Philip 
Calvert, the governor of Maryland, having found an 
asylum in Virginia, when expelled from his govern- 
ment, during the insurrection headed by William Clay- 
borne, in 1645. 

After the departure of governor Mathews, the powers 
of government devolved on the president of the council. 

The adventurers from New England, who had medi- 
tated a removal, and settlement on Hudson river, being 
disappointed by the late peace with Holland, turned their 
views towards the southward, and came to cape Fear 



1658] THE SIXTH. lit 

river, on the shores of which, they established grazing 
farms ; the country affording, in their judgment, a plen- 
tiful winter pasture for cattle. The protector made an 
unsuccessful attempt to induce these people to settle 
still more southerly, and increase the population of 
Jamaica, lately added to the dominions of England. 

But, the lands affording no encouragement to agri- 
culture, and the settlers not finding the convenience of 
a fishery, to which they had been accustomed in New 
England, they soon grew tired of their new abode: they 
imprudently neglected to secure the good will of the 
Indians. The settlement did not thrive ; and, aUhough 
it afterwards received some aid from the legislature of 
Massachusetts, it subsisted but a few years. 

Cromwell granted, under the great seal of England, 
to Charles St. Etienne, William Crown, and Thomas 
Temple, for ever, the territory called Acadia, aud part 
of the country, commonly called Nova Scotia, extend- 
ing along the coast of Pentagoet, to the river St. 
George ; it was erected into a province independent of 
New England, and the grantees w^ere appointed as 
hereditary governors. 

An insurrection was raised in Maryland, by Feudal, 
a man of a restless disposition. It greatly distressed 
the province. 

During the government of the commonwealth, in or- 
der to punish the inhabitants of Barbadoes, for their 
attachment to Charles I. and for resisting its force and 
authorities, in 1651, and also to distress the Dutch, 
who carried on a lucrative trade with the colony, the 
parliament resolved to alter the whole system of com- 
merce of Barbadoes, by prohibiting all foreign ships 
from trading with the English plantations, and not suf- 



118 CHAPTER [1659 

fering any goods to be imported into England, but in 
English bottoms, or in ships of the European nations, 
of which the merchandise imported was the genuine 
produce and manufacture. 

The affairs of Maryland continuing in a distracted 
state> the government of that province was surrendered, 
by the commissioners of the protector, to Feudal, who 
had been appointed governor by the proprietor. 

Under the government of administrators, appointed 
by the protector, the colony of Virginia enjoyed, during 
seven years, an uninterrupted repose and tranquility. 
It afforded shelter to a number of partizans of the royal 
cause, who imagined it unsafe to stay in England. Sir 
William Berkely, (the last of the royal governors) had 
been allowed to remain unmolested on his estate. His 
mild and upright administration, his honest and candid 
conduct, during the late struggle of the royal cause, and 
his retired, and general life since, had rendered him the 
idol of the friends of the king, without rendering him 
suspicious to the repubUcans; and governor Mathews 
dying, in the year 1659, Sir William was requested to 
re-assume the reins of government. This he declined 
to do, unless he was permitted to act under the com- 
mission he had received from his exiled sovereign. His 
offer being accepted, he caused Charles H. to be pro- 
claimed king of Virginia ; and one of the first acts of his 
administration was to issue writs of election for the legis- 
lature to meet on the 12th of March, 1660 ; but he was 
afterwards induced to prorogue it, and in the latter part 
of the summer, accounts reached the province, that his 
example had been followed by the metropolis, and that 
the sovereign, to whose obedience the Virginians had re- 
turned, had been proclaimed in England, on the 29th 



1660] CHAPTER. llt> 

of May, and had made his public entry in the city of 
London, on the 9th of June. 

Ahhough, under the commonwealth, the English 
colonies in America, acquired considerable population 
and wealth, the island of Jamaica, is the only addition 
made to their number, during that period. 

The legislature of Virginia, having passed laws un- 
favorable to the Quakers, a number of whom had fled 
thither, from the persecuting spirit of New England, 
many families sought an asylum on Albemarle sound. 



Sfn ith — Stith — Bcverhf — Keith — MarshalL 



CHAPTER VII. 

I 

At the first session of parliament, after the re- 
ttoration of Charles II. to the throne of England, 
was passed a statute, famous in the English annals, 
and particularly affecting the American provinces. 
It is the 12 Charles II. c. 18, commonly called the 
navigation act. 

Its bases are those of the statute of 1657; it for- 
bids the importation and exportation of any com- 
modity into or from any of the king's dominions in 
Asia, Africa or America, except in vessels built in 
England or its plantations, of which the master and 
three fourths of the crew must be English subjects, 
under pain of forfeiting the ship and cargo. Aliens 
are forbidden to exercise the occupation of a mer- 
chant or factor, in any of these places, under the 
penalty of forfeiting their goods and chattels: sugar, 
tobacco, cotton, wool, indigo, ginger and dyewood, 
of the growth or manufacture of the English colo- 
nies, are forbidden to be exported to any country 
but England, Ireland, Wales or Berwick upon 
Tweed; and, as some return for these restrictions, 
the act secures to the colonies the monopoly of the 
tobacco trade, by prohibiting the planting of it in 
England, Ireland, Wales, Jersey, Guernsey and 
Berwick upon Tweed. 



1661] THE SEVENTH. 121 

While parliament thus early attended to the 
affairs of the colonies, the king lost no time in for- 
warding instruclions to governor Berkely: he re- 
quired hi-m to call an assembly as early as possible, 
and to demand, in his name, a repeal of all acts, 
passed during the rebellion, that df rogated from 
the dependence and obedience of the colony on 
and to the king and parliament of England ; au- 
thorizing him to give assurance of the royal inten- 
tion, and this being done, to grant a general pardon 
and oblivion, without any other exception than that 
of persons attainted by act of parliament. 

Governor Berkely was at the same time required 
to send over a statement of every shipment of 
tobacco from his province, in order that evasions of 
the navigation act might be detected and punished. 
The establishment of iron works, in the colonies, 
does not appear at that time to have been con- 
sidered as injurious to the mother country; for it 
appears that the governor was consulted on the 
practicability of erecting one, at the expense of 
the king. 

The legislature met at Jamestown on the 12th of 
March, 1681. The speech from the chair, and the 
answer to it, proclaimed and echoed unqualified 
professions of loyalty. A legislative revisal of all 
the colonial statutes was the earliest and chief 
work of this session: in the preamble, the intention 
is avowed of repealing and expunging all unneces- 
sary acts, but more particularly '' such as mightkeep 
in memory their forced deviation from his majesty's 
obedience." The most of that body, who used 
these expressions, were persons who? till a very 

N. CARO. 16 



122' CHAPTER [1661 

short time before, had been lavish of the most ful- 
some assurances of unbounded attachment, and the 
most respectful submission, to the protector, and of 
their intended support of the republican govern- 
ment. Their present declarations might be held 
up, when contrasted with their former professions, 
as an example of the facility with which the senti- 
ments of mankind accommodate themselves to 
circumstances, if a late event in France had not 
afforded a more prominent one. 

The law of England, which had till now bj im- 
plied consent been considered as the rule of action 
in the colony, was now expressly declared to be in 
full force, except in such cases only, in which local 
circumstances rendered them inapplicable. 

A charter granted by parliament, during the 
protectorate, to the society for spreading the gospel 
among the Indians on the continent of North Ame- 
rica, being vacated by the restoration-, colonel 
Beddingfield, a Roman Catholic officer in the king's 
army, of whom a considerable part of the land had 
been purchased, seized it for his own use, pretend- 
ing he had sold it below its value, in hopes to recover 
it, upon the king's return. In order to defeat his 
design, the society solicited a new charter, which 
they obtained by the interest of the lord chancellor: 
it bears date the 7th of February, in the fourteenth 
year of the king's reign, and differs but little from 
the former one. Robert Boyle was their first 
governor: they afterwards recovered colonel Bed- 
dingfield's land. 

The colony of Massachusetts was not so early as 
that of Virginia, in returning to the king's obe- 



1662] THE SEVENTH. 12S 

dience: even after official accounts had reached 
Boston, of his restoration, the peojjle continued 
unwillino; to recognize his authority. However, in 
the course of this year, the governor called the 
general court, and the form of a proclamation was 
agreed upon, by which Charles was acknowledged 
as their sovereign, and proclaimed as "the lawful 
king of Great Britain, France and Ireland, and all 
other countries thereunto belonging." From an 
orderpublisbed bythecourt beforethe proclamation, 
"forbidding all disorderly behavior on the occa- 
sion, and declaring that no persons might expect in- 
dulgence for the breach of any law," and forbidding 
in a particular manner "that any man should pre- 
sume to drink his majesty's health, which he had in 
a special manner forbid," it would seem, that the 
people of New England were less loyal or less 
versatile, than those of Virginia; at all events, that 
there were many among them who, far from beii;g 
ready to shape their conduct and alter their pro- 
fessions with the circumstances, were too much 
attached to their principles, tamely to allow the 
noisy exultations of the successful party, and that 
they were a sufficiently numerous and respectable 
body to command some respect for their feelings. 

In the following year, the people of Connecticut 
obtained from the crown a charter, vesting them 
with such ample privileges, that more than a cen- 
tury after, when they declared themselves inde- 
pendent, it was thought quite unnecessary to 
establish the rights of the people on a firmer basis; 
and time has not yet shown that necessity. Thie 
instrument bears date the 20th of April, 1662. 



124 CHAPTER [lem 

The authority of lord Baltimore, over the pro- 
vince of Maryland, being re-established by the 
restoration, he sf^nt over Charles Calvert, his eldest 
son, to govern it. This gentleman met with no 
difficulty in assuming the reins of government. The 
first legislature, after his arrival, passed an act for 
coining money: it was enacted, that it should be of 
as good silver as English sterling; that every shil- 
lin {, and so in proportion for other pieces, should 
weigh at least nine pence in such silver, and that 
the proprietor should accept of it in payment of his 
rent and other debts. This law and that of Massa- 
chusetts, in 1652, are the only ones of the kind that 
are to be found among the legislative acts of the 
English American colonies before the revolution. 
The plantations of this province were now extended 
as far as cape Henlopen, from which the Dutch 
had lately retired. 

The legislature of Virginia met in the month of 
March. The principal object, attained by the 
governor at this session, was the establishment of 
the church of England, by legislative authority, in 
the colony; an object which the king, in his instruc- 
tions, had strongly recommended. Provision was 
made for building churches, laying out glebes, and 
the appointment of vestries; power was given to 
the governor to induct ministers already ordained^ 
and all others were forbidden to preach. 

Father Feijoo, in his Theatro Critico, has re» 
corded the tremendous effects of an earthquake, 
which was in 1663 felt in Canada and almost every 
part of the northern continent; in a space of twelve 
hundred miles, several mountains shook one against 



1663] THE SEVENTH. 125 

the other; some were torn from their seats and pre- 
cipitated into the river St. Lawrence; others sunk 
in deep crevasses, which were made in several 
places. A very large and rocky one, occupying up- 
wards of two miles, sunk, leaving in its place a 
wide and extensive plain: lakes were formed on 
the spot where high and inaccessible mountains had 
hitherto stood. 

Sir Robert Heath's grant of land, to the south- 
ward of Virginia, perhaps the most extensive pos- 
session ever owned by an individual, remained for 
a long time ahuost absolutely waste and unculti- 
vated. This vast extent of territory occupied all 
the country between the 30th and 36th degrees of 
northern latitude, which embraces the present 
states of North and South Carolina, Georgia, Ten- 
nessee, Mississippi and, with very little exceptions, 
the whole state of Louisiana and the territory of 
East and West Florida, a considerable part of the 
state of Missouri, the Mexican provinces of Texas, 
Chiuhaha, &c. The grantee had taken possession 
of the country soon after he had obtnined his title, 
which he afterwards had conveyed to the earl of 
Arundel. Henry lord Maltravers appears to have 
obtained some aid from the province of Virginia in 
1639, at the desire of Charles I., for the settlement 
of Carolana, and the country had since become the 
property of a Dr. Cox ; yet, at this time, there 
were two points only in which incipient English 
settlements could be discerned ; the one on the 
northern shore of Albemarle sound and the streams 
that flow into it. The population of it was very 
thin, and the greatest portion of it was on the 



126 ["CHAPTER. [1663 

north-east bank of Chowan river. The settlerp had 
come from that part of Virginia now known as 
the county of Nansemond, which, it has been ob- 
served, began to be occupied by the whites as 
early as the year 1609: they had been joined by a 
number of Quakers and other sectaries, whom the 
spirit of intolerance had driven from New England, 
and some emigrants from Bermudas. Their rmm- 
ber, though not great, must have been far from 
insignificant; for, besides the culture of corn and 
other grain, necessary to life and the raising of 
cattle, they made a considerable quantity of tobacco 
for exportation; a circumstance, which must be pre- 
sumed from the attempt of .the legislature of Vir- 
ginia, this year, to procure the union of Maryland 
and Virginia, in a plan then under consideration, 
on the subject of tobacco, their staple commodity, 
which, owing to the glut of the markets and its de- 
teriorated quality, had fallen so low in value, as 
scarcely to furnish clothing for the colonists. The 
other settlement of the English was at the mouth of 
Cape Fear river: we have seen that those who 
composed it, had come thither from New England, 
in 1659. Their attention was confined to rearing 
cattle. 

It cannot now be ascertained, whether the 
assignees of Carplana eve surrendered the charter 
under which it was held, nor whether it was con- 
sidered as having become vacated or obsolete by 
non user, or any other means; but, on the 15th of 
March, the king granted to Edward, earl of Claren- 
don, George, duke of Albemarle, William, earl of 
Craven, John, lord Berkely, Anthony, lord Ashley, 



1663] THE SEVENTH. 127 

Sir George Carteret, Sir John Colleton and Sir 
William Berkely, the country to the south of the 
thirtv-sixth desfree of northern latitude, as far as a line 
running due west from the river St. Matheo, from sea 
to sea, in absolute property for ever. The territory 
was erected into a province, by the name of Carolina, 
of which the grantees were created lords proprietors, 
with ample powers to settle the province, and establish 
a fonn of government under them. 

As soon as the charter issued, the duke of Norfolk 
and Sir Richard Greenfield's heirs, started a title to the 
country granted, in the fifth year of Charles I, to Sir 
Kichard Heath ; but the king, in council, declared the 
charter of Sir Robert Heath null and void, and ordered 
the attorney-general to avoid it, by a writ of quo 
warranto. 

The principal nations of Indians, which occupied the 
country thus granted, on the eastern side of the Missis- 
sippi, were the Tuscaroras and the Creeks, on the sea 
shore; the Catawbas, Cherokees, the Chickasaws and 
the Choctaws, in the middle part, and the Natchez, on 
the Mississippi. Allied to some of these nations, 
were a considerable number of tribes ; the independence 
of each tribe was marked by its pecufiar language, but 
each, besides its own, spoke that of the allied nation. 
These tribes were c«.)mposed of sedentary individuals, or 
rather were a collection of families, who found their chief 
support in the waters of the stream on which they dwelt, 
or from the chase, in some distant spot, secluded from 
the others bv marshes and water courses. Within the 
country, included by the present limits of the state of 
which the history is here attempted^ the Pasquotank?, 
Tuteloes, Meherrins, Wopomeaks and Chowanocks, on 



les CHAPTER [1663 

the north ; the Hatteras, Coramines, Pamplicoes, Mat- 
taraubkeets, and Cr^ -atans, on the east, the Saras, Neu- 
ses, Saponas and Sippahaws, on the south, wtre the prin- 
cipal tribes. They had large towns, inclosed with huge 
pallisadoes, and sent several hundred, and some several 
thousand, warriors to the field ; others, less stationary 
and numerous, depended for subsistence on the chase, 
and wandered about, in search of advantageous hunting 
grounds. The more peaceful, were sometimes dis- 
turbed by irrupiions from the warlike nations, that dwelt 
on the northern lakes, even as far as the Simmagons, 
w^ho dwelt in Canada, and who, while their country was 
covered wi h snow, came southerly to prey on the occu- 
pants of a softer climate. The Indians trom the west 
side of the Appalachian mountains, even those of the 
shores of the Mississippi, at times, joined ihej>e northern 
invaders, and the country exhibited in miniature the 
spectacle which Europe and Asia has witnessed, in the 
irruptions of the Hunns, the Goths and the Vandals, on 
the Gauls and the Germans, and the Tartar on the 
Chinese. 

The lords proprietors, having obtained a declaration 
of the privy council, that considering the present condi- 
tion of Carolina, all former grants were void, held their 
first meeting in the month of May, in order to devise 
measures for the planting of th^rir colony ; they formed 
a joint stock for the transportation of some colonists, 
and issued proposals for the encouragement of others ; 
among other privileges, the proprietors offered, that the 
emigrants, if in sufficient number, might offer thirteen 
persons, out of which, a governor and a council of six, 
should be appointed for three years ; that a grand assem- 
bly, composed of the governor, the council, and dele. 



1663] THE SEVENTH. 129 

gates of freemen, should be called, as soon as the circum- 
stances of the colony would allow, with power to make 
laws, not contrary to those of England, and liable to be 
repealed by the proprietors ; that every one should enjoy 
the most perfect freedom ; that during five years, every 
new setder should be allowed one hundred acres of land, 
and fifty for every servant introduced by him into the 
colony, paying one half penny only an acre ; and that 
the same freedom from customs, which had been allow- 
ed by the royal charter, should be allowed to every one. 
The province was divided into two counties, the river 
of Cape Fear being their internal boundary ; the northern 
was called Albemarle, and the southern Clarendon, 
in honor of two of the proprietors. Sir William Berke- 
ly, governor of Virginia, who was also one of the pro- 
prietors and was tlien in his government, was desired 
to visit the settlement in the county of Albemarle, and 
establish in it a form of government suitable to its 
situation. His instructions are dated September 8, 
1663 ; he was authorized to constitute one or two 
governors and councils, and other officers, the proprie- 
tors reserving to themselves only the appointment of a 
surveyor and secretary. 

A copy was sent him of the proposals of the pro- 
prietors, to all that w^ould settle themselves on Cape Fear 
river, prepared, on the receipt of a paper from persons 
who desired to settle there, the terms of which were said 
to be as low as it was possible for the proprietors to 
descend. These proposals, governor Berkely was in- 
formed, were not intended for the meridian of Albe- 
marle county, where it was hoped to find more facile 
people, who, by his interest, might settle on better 
terms for the proprietors. The terms there were left to 

N* CARO. 17 



tm ' CHAPTER [166:3 

his management, and an opinion was expressed, that as 
much land as possible should be granted, rather than 
deter any settler. 

The proprietors stated the information which they 
had received, tliat the people, settled in the neighborhood 
of Chowan river, had bought great tracts of land from 
the Ind ans, which it was deemed improper to allow 
them wholly to retain : as they would probably keep 
such land in their hands, and so occasion a great dis- 
tance between the settlements, and destroy or weaken 
the means of mutual assistance in time of danger; and 
if they yielded a part of their lands to purchasers, it 
would likeiv be on such hard terms as would deter new 
settlers. Guverncjr Berkciy was therefore instructed, 
to persuade or com|>el such persons to be satisfied, with 
such portions, as were allotted to others. 

He was authorized to establish two governments, that 
is, one on each side of Chowan river, from a belief, that 
individuals, anxious for liberty ofconscier.ee, might de- 
sire a governor of their own proposing, which those on 
the opposite side of the river might dislike. 

Lastly, he was instructed to procure a vessel, 
of a small draught of water, to search for an inlet into 
the sound, through which great ships might come in ; 
and to obtain some account of Charles river. 

Several gentlemen of the island of Barbadoes, being 
dissatisfied with their condition there, and having seen 
the proposals of the lords proprietors, despatched a ves- 
sel to reconnoitre the country, along Cape Fear or 
Clarendon river, early in the month of September. 

Anthony Long, William Hilton, and Peter Fabiau, 
were intrusted with this expedition ; the journal, which 
they published on their return, is believed to be the 



1663J THE SEVENTH. 191 

earliest account of Cape Fear river, that ever appeared 
ill print. 

On the 29th of September, ihey reached the conti- 
nent, in thirty two degrees twenty minutes of north 
latitude, and ran^^ed the coast as fiir as thirty. three de- 
grees eleven minutes, without finding any entrance for 
their ship to the northward of the thirty-second degree. 
On the 3d of October, they were overtaken by a vio- 
lent storm, the wind between north and east ; it con- 
tinued for several days, so that the ship was forced to a 
considerable distance off the shore, and driven by the 
rapidity of a strong current to cape Hatteras ; on the 
twelfth, thev came to an anchor in seven fathoms of water, 
and taking the meridian altitude, they found themselves 
in thirty-three degrees forty-three minutes. The bad- 
ness of the weather detained them until the sixteenth, 
when they sailed about fifteen miles, and came to an- 
chor in seven fathoms of water. Several Indians came 
on board, bringing a large quantity of fish, large mul- 
let, young bass and shad; on the twenty -fourth, they 
sailed up the river for about twelve miles farther, and 
rowed up the next day nearly the same distance, where 
they moored the ship. On the twenty-sixth, they went 
in the yawl to Necoes, an Indian town ; they continued 
sailing up the river for about ninety miles, and finding 
the passage much obstructed by fallen trees, and their 
provisions nearly spent, after viewing the land around 
them, they reached the ship on the second of Novem- 
ber ; on the fourth, they went fourteen or fifteen miles 
up the river, in search of the north-west branch of it, 
which they called Swampy branch ; they sailed on it to 
the distance of fifteen miles, and returned. On the 
sixth, they sailed up another branch of the main river, 



1S2 CHAPTER [1663 

the mouth of which was near the place where the ship 
rode ; they called it Green's river, and sailing up to the 
distance of fifteen miles, they found it divided into two 
inconsiderable branches ; the land was generally full of 
marshes and swamps. On their return to the ship, they 
took a supply of provisions, and sailed up the main river 
again ; on the fourth day, they came to a place, where 
the river was narrowed by two islands in the middle of 
it ; it was there so crooked and so much obstructed by 
fallen trees, that they were com|7elled to proceed on land 
along the river three or four miles, and found it widen- 
ing more and more ; they then returned ; the course of 
the river, as far as they could see, was straight, and its 
direction towards the north-east; they judged them- 
selves at the distance of one hundred and fiftv miles 
from the mouth of the river ; the land on both shores 
appeared rich, very level, and covered with tall giass; 
the banks were steep, and in some places very high ; the 
woods were full of deer, conies, turkeys, partridges, 
crants, ducks, teals, pigeons and paroquets. The 
timber consisted chiefly of oak, some of which were 
from twelve to eighteen feet, and even twenty-four feet 
high, below the first limbs ; large cypress were abun- 
dant ; walnut, birch, beech, maple, ash, bay, willow, 
elder and holly, were found in the upper part of the 
country, and in the lower innumerable pines, tall and fit 
for masts and boards, for the most part in barren and 
sandy soil, but in some places up the river, in good 
ground, mixed among the oak and other timber, mul- 
berry trees and grape vines were found in quantity. OiV 
the north-west side of the river, they viewed a large 
tract, extending to the distance of several miles, with- 
out any tree, except a few scattered oak ; it was covered 



1665] THE SEVENTH. 133 

with luxuriant grass, which rose to the height of a man's 
waist, and in many places to that of his shoulder ; it 
abounded in deer and turkeys ; they named it stag park. 
.Proceeding downwards, they came to another remarka- 
ble place, on the same side as the former, which it ap- 
peared to join ; the uncommon circumstance, of its 
abounding with rock, stone, and pebbles, induced the 
adventurers to give it the name of Rocky Point, an ap- 
pellation which it, at this day, still retains ; they judged 
the distance from this spot to the mouth of the river to 
be about seventy- five miles. On the twenty-third, they 
came to a place on the same side of the river, about six 
miles lower, which from the great quantity of wild tur- 
keys they saw about it, they called Turkey Quarters. 
The land along the river was high and rich, but at tlie 
distance of two miles from the shore sandv and barren, 
bearing only pine trees. Going down the river, they 
stopped, after rowing eight or nine miles, on a rich tract, 
covered with valuable timber ; the bank of the river be- 
inp^ high and steep, they named the place Highland Points 
As they proceeded downwards, the country appeared 
full of meadows, and still farther on the banks of the 
river, were large marshes, on the back of which were 
some good pasture land, but generally sandy barrens, 
covered with innumerable pines. They reached the 
shi.:> on the seventeenth, and spent a few days in viewing 
the land around, on both sides of the river : it was for 
the most part poor. 

On the twentieth, they weighed anchor, and proceed- 
ed downwards about six miles, and came to anchor 
opposite to a river, which, after one of the adventurers, 
was named Hilton river ; the land on both shores re- 
sembled much that on Green river. On the twenty- 



134 CHAPTEP. [)66S 

third, they sailed up in the long boat, to the distance of 
nine miles, and found that the latter river joined the one 
they were in; sailing higher up, the stream forked, and 
they took the branch to the larboard, and sailing up eight 
miles farther, found themselves in Green river again. 
They did not proceed higher up than about eight miles, 
when judging themselves at the distance of fifty-four 
miles webt by north from the ship, they returned. As 
they were rowing down, four Indians came to them in 
a canoe, and having sold them a few baskets of acorns, 
returned to the shore ; one of them, following the boat 
along the shore for two or three miles, stopped on the 
top of a high bank, and as the Enj^lishmen rowed un- 
der it, shot an arrow, which grazing the shoulder of one 
of them, stuck in the upper edge of the boat, but was 
broke to pieces, the head remaining fast. The3^ imme- 
diately rowed to the shore, and leaving four men to keep 
the boat, the rest ran up the bank, in quest of the Indiiin. 
They were some time without hearing or seeing any 
body , at last, they heard several voices singing at a 
distance in the woods, which they took for a challenge. 
As they were advancing, they were called back to their 
boat, by the report of two muskets. The men, under 
whose care it was left, had fired on an Indian, whom 
they had seen creeping along the bank, with apparently 
hostile intentions. They had, however, missed him, 
and he had sought his safety in flight. While an ac- 
count was giving of this circumstance, two Indians ap- 
proached, hollowing bonny, bonny; they had bows and 
arrows, which they willingly exchanged for a few beads. 
The head of the arrow, which still remained fast in the 
boat, was pointed out to them; they manifested great 
concern, and disowned any knowledge of the accident ; 



1663] THE SEVENTH. IS5 

they soon after went away, and the Eng;lish marked a 
tr^e on the top ot" the bank, and named the place Mount 
Strong. The banks of the river were of clay, and in 
some part of marl, and the iand was not inferior to that 
on the other river. They judged the one they were in 
came irom hii^her up in the country, from the greater 
rapidity oi the current, and the c|uantity of drift wood 
carried down the stream. On their way to the ship, 
they saw several spots of ground cleared by the Indians, 
and planted with corn; the trees stood up, being only 
barked around in the lower extremity, so as to kill them. 
Tne corn stalks, notwithstanding the fields were much 
shadowed by the timber, were very tall. Proceeding 
still downwards, they reached another Indian plantation, 
on which they landed, and were hospitably received ; 
after purchasing acorns and corn, they went on, and 
having proceeded about six miles, they perceived an 
Indian, peeping over a high bank ; they presented a 
musket at him, calling out skerry ; whereupon, a num- 
ber of Indians made their appearance, crying out bonnt/^ 
bonny, and making signs of friendship ; they ran down- 
Wards along the shore, before the boat, endeavoring to 
persuade the white people to land; these, however, 
kept their guns presented, crying owX. skerry : The na- 
lives, perceiving their attempts to induce the whites to 
approach the shore unavailing, two of them got into a 
larg:e canoe and advanced towards the boat, one of them 
paddling with a large cane, and the other with his hcUids ; 
they with difficulty reached the boat, and laid hold of her 
fenders and clewing, and at last succeeded in persuad- 
ing the persons on board to come ashore. The adven- 
turers were met, on their landing, by a party of near forty 
lusty Indians, who came running on, crying bonny. 



336 CHAPTER [1663 

The head of the arrow was pointed out to them, on the 
side of the boat ; one of them made a long speech, and 
threw beads into her, in token of friendship, and gave 
the white people to understand, that when he heard of 
the insult they had received, he had felt great grief, and 
shed tears, and had come with his people to make peace 
with them ; that if they could discover the offender, 
they would tie his hands and cut off his head ; and as a 
testimonial of their love and good will to the adventurers, 
two tall and handsome young Indian women wTre pre- 
sented to them : they appeared to be the chief's daugh- 
ters, or persons of high rank in the natioif, manifested 
no reluctance at their being thus tendered as a peace of- 
fering, and very willingly entered the boat. Valuable as 
this gift was, the time at which, and the number of per- 
sons to whom, it was made, imperiously required the re- 
turn of it to the donors ; one of them with difficulty 
consented to leave the boat ; at last, they were both dis^ 
missed, with a small present of beads. A few hatchets 
were presented to the chief, and such of the Indians 
whose appearances pointed them out as standing next in 
s-ank ; and tliey departed, after promising to come down 
and visit the whites, on board of their ship. 

The adventurers named this spot Mount Bonny, in 
token of the peace thus concluded, and reached the ship 
on the twenty- sixth. 

On the next day, they weighed anchor and came down 
to an island (Cram island,) within twelve miles from 
the sea, and on the first day of December, the Indians 
came on board, according to promise ; they were in 
great number ; and at this meeting, Wat Coosa, their 
king, and his chieftains, sold to the adventurers the river 
and land of Cape Fear. 



1663J THE SEVENTH. 137 

They went to view the land about the cape ; it ap- * ** f, 
peared quite sandy and barren, some low and shrubby » 1% J! ' 
trees scattered in many places, grass and rushes growing * ^ ** 
in others, but the most covered with clear sand. There ^%\** t^ 
were some cattle, left by the people from New England, 
in the care of the Indians, to be fattened : the spot ap- 
peared much fitter to starve them. Yet the Indians, 
dwelling around the cape, did not allow these animals to 
go higher up to better pasture grounds, lest the reward 
they received from the owners of the cattle, should be 
shared by other Indians. On a hi.^h post, on the sea 
shore, was nailed a writing, describing the land on the 
river as mit^erably poor : it had been placed there by 
the people from New England : another, more correctly 
descriptive, was substituted. 

The colony from jNlussachu setts was settled on 
Charles river, tliLit i^, the stream now caled Oldtown 
Creek. They had srititd in 1660, and deserted their ^^ 
habitations in 1663. 

The Lidians brought several times, to the ship, good 
and fat beef, and some swine, with very good salt, which 
they said was ob-aiiied in the country. 

The ship hailed for Baibadoes on the fourth of De- 
cember, and on tlie sixth of February anchored in 
Carlisle bay. 

Pleased with the accounts which they received, the 
persons at whose charge the ship had been sent, deter- 
mined 10 remove to Cape Fear, and according to the 
proposals of the lords proprietors, the names of thirteen 
persons were forwarded them, out of which they were 
requested to choose a governor and council. 

In the fall p-overnor Berkeiy, at the request of the 
lords proprietors, visited the county of Albemarle, and 

,^ N. CARO. 18 * ' : • 






• ♦ « V 



*^-. 



138 CHAPTER [16^4 

f^ " appointed Georeje Drummond, a man of prudence and 
jm£%m * fidelity, governor of it. He sent commissions lo other 
^^^^ * gentlemen, to fill the offices of assistants or counsellors, 



^ judges and justices of the peace, and depaned, after 
having taken measures for the proper administration of 
a provisional government. 

This year was granted by the king, the charter of the 
prvjvince of Rhode Island and the Providence Planta- 
^ tions. It differed but little from that of the province of 

Connecticut, and like it, was thought, after the declara- 
ticii of independence, so completely to define and protect 
the rights of the people, as to render it useless to frame 
a constitution. 

On the twelfth of March, 1664, the duke of York ob- 
tained from his brother a patent for various and exten- ' 
sive tracts of land, covering the country now known as 
the states of New York, New Jersey, Pennsylvania and 
Delaware; and on the twelfth of June, he conveyed to 
John Berkely, baron of Stratton, and Sir Ge«Tge Carte- 
ret, of Saltrenn, in Dover, two of the proprietors of the 
province of Carolina, a portion of this vast territory, 
which was erected into a province, by the name of New- 
Jersey, in honor of Sir George, whose family came from 
the island of Jersey. Three inhabitants of Long Island 
removed this year into the new province, to the spot, on 
which the first town of New Jersey was built, and in 
compliment to Sir George's lady, it was called 
Elizabethtown. 

In the summer, commodore Nichols, with four fri- 
gates and three hundred soldiers, sailed from England 
for the reduction of New Netherlands. On their anchor- 
ing before the fort, Stuyvesant, the Dutch governor, 
sent a letter on board, to require some notice of Nichob' 



1664] THE SEVENTH. 139 

intention, and was answered by a summons to surren- 
der. He at first determined on a defence, but soon after, 
considering his unequal force, offered to treat. On the 
twenty. seventh of August^ a capitulation was signed, by 
which the fort and town of New Amsterdam were sur- 
rendered to the English. The town now, in honor to 
the Duke of York, changed its name to that of New- 
York. On the twenty -fourth of September, Fort 
Orange capitulated also, and the town near it was called 
Albany, the Scotch title of the duke. On the first of 
October, the Dutch settlements on the Delaware were 
taken possession of by the English. Thus were the 
Dutch driven away from New Netherlands, which they 
had occupied for about half of a century, and the south- 
ern English provinces of Maryland and Virginia, now 
connected, by an uninterrupted chain of English posses- 
sions, to the northernmost part of the English empire 
In America. 



Chalmers — Laxvson — Archdale, 



CHAPTER VIII. 



The English in 1604 took the island' of St. Lucia, 
from the French. They were assisted by six hundred 
Charibee Indians, in seventeen canoes. Two years after, 
the colony, reduced by epidemical diseases, to eighty- 
nine individuc.ls, burnt their fort, and abandoned the 
island. 

In the next year, surmising some lands beyond the 
southern boundary of their province, to be of considera- 
ble importance, they solicited from the king, a second 
charter, which might include them. It was obtained 
without difficulty. The date of it, is the 13th of June, 
1665. 

This instrument grants to them, their heirs and as- 
signs, the province of Carolina, within the king's do- 
minions, in America, extending north-eastward, as far 
as the north end of the Currituck river or inlet, on a 
straight westerly line, to Wvonoak creek, which lies 
within, or about, thirty-six degrees and thirty minutes, 
north laiitude, and so west, in a direct line to the South 
sea; and south and westward, as far as the 29th degree 
"inclusive, and so westward, in a direct line to the South 
sea. 

It invests them with the power of building churches, 
chapels and oratories, to bt' dedicated and consecrated, 



1665] CHAPTER. 141 

according to the ecclesiastical law of England, and 
gives tlum the right of advovvson and patroiiage. 

It creaes the grantees, their heirs and assigns, lords 
propriet(irs of the province, to be holden in free and 
common socage, as of the king's man(;r of Green- 
wich in Kent, reserving to the crowii one fonrth part of 
the gold and silver ore, that may be found within the 
province, and authorizes them to erect and establish 
counties, baronies and colonies, cities, towns and ma- 
nors; to enact constitutions and laws, with the consent 
of the freemen; imposing penalties, inflicting punish- 
ments extending even to the deprivation of any mem- - 
her or life, to grant pardons and reprieves, establish 
courts of justice, and appoint officers of them. The 
laws, however, are required to be consonant to reason, 
and, as much as may be, conformable to those of 
En^^land. 

A temporary power is given to the lords proprietors, 
to make ordinances, for the preservation of the peace, 
until ihe legislative bodv may be convt- ned. 

The king grants hcense, to any of his subjects, to re- 
move to Can.ilina, declares such as do, and iheir chil- 
dren born there, British subjects, allowing them free- 
dom of commerce with England, Ireland, and Scotland, 
and to export their commodities there and even to for- 
eign ports, paying the accustomed duties; to import ^ 
into any of the king's dominions, silks, wines, raisins, 
capers, wax, oil and olives, during the term of seven 
years, and to export farming utensils free from any 
duty. 

Power is given to the grantees of erecting ports, 
and levying duties and customs ; to confer titles of 
honor ; but it is provided, that such titles shall be differ- 



142 CHAPTER [1666 

ent from those used in England ; the right of erecting 
fortifications, of levying troops, of mustering and train- 
ing the inhabitants to arms, to make war by sea and 
land, and exercise martial law in cases of necessity, is 
also granted to them. 

The province is declared a distinct goverment, me- 
diately dependent on the crown. The inhabitants arc 
released from any obligation of conformit}^ to the church 
of England, or taking any test oath, and a free toleration, 
in religious matters, is granted. 

The lords pro]>rietors now made constant, although 
not very successful, efforts to induce individuals of all 
ranks, to migrate to their province. For this purpose, 
they appointed agents in Ireland, Scotland, and the colo- 
nies in the West Indies, on the continent, and in the 
island of Bermudas. A number of people left that 
island, and settled on Pasquotank river, where they ap- 
plied themselves chiefly to ship building. The few 
planters, who had settled on the shore of Chowan river, 
jyere now joined by emigrants from New England. 

The lords proprietors made choice of John Yeamans, 
among the persons proposed by the planters of Barba- 
does, who intended to remove to the county of Ciaren- 
den, and appointed him governor of it. This gende- 
man, being then in England, was knighted on the occa- 
sion, and the king made the colony a present of twelve 
pieces of ordnance, and some warlike stores. 

In the latter part of the year, Sir John Yeamans led 
from Barbadoes a body of emigrants, and began a set- 
tlement on the southern shore of Cape Fear river: he 
laid out a town, which, in honor of the king, he called 
Charleston. The spot, which w^as thus dignified, is not 
at this day to be determined. Lawson, in his map of 



1666] ' THE EIGHTH- 143 

Carolina, has preserved the name of Charleston, and it 
is imagined, from the place it occupies on this map, that 
the town stood not far from, if not upon, a stream, now 
in the county of Brunswick, called Oldtowu creek; 
perhaps at the confluence of it and the river. 

Governor Yeamans was more successful than the peo- 
ple of New England, who had preceded him thither, in 
cultivating the good will of the Indians, from w^hom his 
colonists derived considerable assistance in clearing and 
planting the land. The vessels, that had brought the 
adventurers, were, in a short time, loaded with lumber, 
and soon returned to fetch new adventurers, and a far- 
ther supply of provisions ; thus an advantageous com- 
merce was established, between the county of Clarendon 
and the island, which had spared it its first inhabitants. 
The favorable reports, which the islanders received from 
their friends on the continent, induced new adventurers 
to follow the first. The merchants, induced by the 
profits which the first expedition had given, made fre- 
quent shipments, and the success of the lords proprie- 
tors' agents, in that island, in procuring colonists, was 
so great, that the legislature of Barbadoes interposed its 
authority, and forbade, under severe penalties, the spir- 
iting people off ^he island. 

The emigrants from Barbadoes had purchased from 
the Indians, a tract of land thirty-two miles square, for 
which they now solicited a grant from the lords proprie- 
tors, with a charter of incorporation. Although this 
was refused, they obtained liberal grants of land, and 
every other reasonable indulgence. A county was then 
established, which was called Clarendon. 

The Ion Is proprietors, desirous of obtaining a more 
accurate knowledge of their province, fitted out a ship 



144 CHAPTER [1667 

and sent William Sayle, to explore the coast of Caro- 
lina. On his way, Sav^e was drivt:n, in d storm, on 
St. Salvador, one of thr Baham » islands, and the one on 
which Christopher Columbus first landfd in America. 
He staid some time on this island, to refit his ship, and 
visited the neighboring one; and next proceeded to 
Carolina, and surveyed the coast, entering the rivers and 
making astronomical observations, in various points. 

On his return, the lords proprietors were, from his 
account, induced to solicit a grant of the Bahama islands, 
and the king grave them a patent, for all those islands 
between the twenty-second and twxnty-fourth degrees 
of north latitude. 

The year 1667, is remarkable for the pacification of 
Brtda. By the treaty of peace with the Dutch, New 
Netherlands was confirmed to the English, and Siirinam, 
which had lately been taken from the Dutch, was ceded 
to them in return, the English planters in Surinam, 
principally removing to Jamaica. ^ Their nun»bfr at the 
time of this evacuation, amouted to about fifteen hun^ 
dred, besides their fiimilies. 

Legislative countenance was this year, for the first 
time, given to the transportation of malefactors to 
America. By the 18 Charles II. c. 3, power was given 
to judges of assizes, commissioners of oyer and termi- 
ner and general jail delivery, to order persons convict- 
ed of theft and rapine, on the northern b(^rdei s of Eng- 
land, to be transported into any of the king's dominions, 
in America. • 

In October, governor Drummond was succeeded by 
Samuel Stephens, who was authorized to grant land, 
with the concurrence of the council, returning to the 
lords proprietors one h^lf of the gold and silver ore. 
A constitution was given, at the same time, to the 



1668] THE EIGHTH. 146 

colony of Albemarle. The governor was to act with the 
advice of a council of twelve, the one halt of whom he 
was authorised to appoint, thcf other half was to be cho- 
sen by the assembly. The assembly was com.posed of 
the governor, the couiicil, and twelve delegates, chosen 
by the freeholders. Goveraor Stephens' commission 
bears date in October, 16c37. 

The first legislature met in this year, or early in the 
next; Chalmers says, in 1669; but their meeting is 
mentioned in an authentic instrument of the lords pro- 
prietors of the first of May, 1668. The laws enacted 
exhibit strong evidence of the temper, manners and 
opinions of the colonists. To induce migration, an 
asylum was offered to dishonest debtors; and suits, for any 
debt created out of the country, were prohibited for five 
years; the acceptance oi any power of attorney, to de- 
mand the payment of them, was forbidden; and with a view 
to promove population by some more natural means, it 
was provided, that **as people might wish to marry, and 
there being no minister in the settlement, that none 
might be hindered from so necessary a W(jrk, for the pre- 
servation of mankind, any man and woman, carrying 
before the governor, or any member of the council, a ftv/ 
of their neighbors, and declaring their mutual consent, 
were to be declared man and wife." A limited exemp- 
tion from taxes was granted to n?w sealers; and dealers 
from abroad were prohibited from coming into the 
country, or among the neighboring tribes, to traffic with 
the Indians. With a view to retain adventurers, the 
right to a certain quantity of land, which was acquired by 
migration, was declared not to be the subj ct of con- 
veyance, till the transferee had remained two years in the 
country. A tax of thirty pounds of tobacco, on every 

N. CARO. 19 



146 CHAPTER. [1668 

law suit, was laid, as a provision for the payment of the 
expenses of the governor and council, during the session 
of the legislature. 

These laws were transmitted for, and received the ap- 
probation of the lords, proprietors ; for it seems they had 
reserved to themselves a veto, on the laws of the province; 
they remained in force upwards of one half of a cen- 
turv, and were confirmed in the vear 1715, and are the 
six first chapters among the acts of the session of that 
year. 

The assembly transmitted a petition to the lords pro- 
prietors, in order to obtain, that the inhabitants of the 
c^vHity of Albemarle might hold their lands, upon the 
same tenure as the inhabitants of Virginia held theirs ; 
and on the 1st of May, 1668, their lordships, by an in- 
strument, called the great deed of grant, directed gover- 
nor Stephens to grant land to such persons as should 
come into the colony of Albemarle, to plant and inhabit 
it, to be holden of their lordships^ on the same terms 
and conditions as lands were, at the time, especially 
granted in Virginia. 

The county was at this period in a very thriving con- 
dition ; a considerable quantity of tobacco was raised ; 
provisions were very abundant; many of the inhabitants 
were engaged in ship building ; vessels from the West 
Indies came to procure lumber; and a number of tra- 
ders from New England, visiting the settlement during 
the winter, ministered to the wants of the people, and 
carried away whatever they had to spare. 

The negotiations for peace, between England and 
France, which began in 1667, were not concluded till 
the following year. France yielded to England, all her 
rights in the island of St. Christopher, together with the 



% 



1669] THE EIGHTH. 14T 

islands of Antigua and Montserrat, and England yielded 
up Acadia to France, generally, without any specifica- 
tion of limits, and particularly, Pentagoet, St. John, Port 
Royal, La Haive and cape Sable, lying within it. 

Before this, no mention is made, in any treaty be- 
tween England and Spain, of America. Spain being 
contented to keep up her ancient claim to that country, 
and England, careful to keep and improve the footing 
she had already gained on it, a general treaty of com- 
merce was concluded between England and Spain., 
relating to the interests of both kingdoms, in Europe 

I 

and America. 

It was stipulated, that Spanish and British vessels, in 
their respective states, should not be visited by the judges 
of contraband, nor by any other person whatever. No 
officer or soldier be put on board till tlie captain 
shall have entered his goods, and declared his inten- 
tion to land. This article was stated as a stipulation, free- 
ing British vessels from tlie visits of guard a castes. 
It is evident, it relates only to places, where they might 
lawfully trade. 

Lord Willoughby, governor of Barbadoes, sent forces 
to St. Vincent and Dominica, and subduing the Carib- 
bea Indians, added these two islands to the dominion 
of England. 

On the 2d of May, 1669, the king granted to prince 
Rupert, and several lords, knights and merchants asso- 
ciated with him, a charter, incorporating them as ** the 
governor and company of adventurers trading from 
England to Hudson's bay," and ceding to them the 
whole trade of the waters within the entrance of Hud* 
son's straits and the adjacent territories. 



# 



148 CHAPTER [1669 

The lords proprietors, unsatisfied with any system 
that had been hitherto imagined, for the government of 
their province, made application to the celebrated 
John Locke, for the form of a constitution, suited to the 
situation and temper of the colonists, and yet '' agree- 
able to the monarchy of which Carol*' na was a part, and 
which mig^t avoid making too numerous a democracy.'* 
T is philosopher, endeavoring to carry :he intentions 
of his employers into effrct, compiled, and soon after 
presented for their approbation, a body of fundamental 
constitutions, which were finally adopted, in the month 
of July, 1669. 

This instrument provides for the election of a pala- 
tine from among the lords proprietors, who, presided 
by this officer, were to constitute a palatine court, en. 
trusted with the exercise of the powers granted to them 
by this charter. A body of hereditary nobility was to 
be created, consisting of landgraves and caciqiies: the 
former were to be proprietors of at least four baronies, 
or tracts of land of twelve thousand acres each; the 
latter of two signories, or tracts of half that quantity of 
land. Two fifths of the province, laid off into baronies 
and signories, were to be the portion of the nobility, one 
third of whom were to be landgraves. The estates of 
the nobility were to descend, and remain inseparable 
from the dignity for ever. 

The provincial legislative body, dignified with the 
appellation of parliament, was to be composed of such 
lords proprietors as might be in the province, and the 
deputies or proxies of the others, of the landgraves and 
caciques and of the representatives of the freeholders, 
chosen in separate districts. These persons were to 
sit and deliberate together, in the same appartment, 



1669] TPIE EIGHTH. 149 

and each individual was to have one vote. The parlia- 
ment was to be triennial ; no proposition Wcjs to ori- 
ginate in it, and its deliberations were to be confined to 
such objects, as were submitted to its consideration by 
the grand council. 

The grand council was to be composed of the lords 
proprietors, by themselves or proxies, and the land- 
graves and caciques. It was invested with the executive 
powers of government. 

Various judicatories were instituted, and an infinite 
number of minuie regulations made. 

THe church of England was alone to be allowed a 
public maintenance by law, but all others were to be 
permiMed the ex rcise of their particular modes of 
worship, and to levy contributions on their own mem- 
bers, for the support of their ministers. 

At the end of every century, the laws enacted in the 
province were to become void, without the formality of 
a repeal. 

These fundamental constitutions, which consisted of 
one hundred and twenty articles, were declared to be 
the sacred and unalterable rules of government in 
Carolina for ever. 

It seems to have been a matter of perfect indifference 
to him who framed, and those who imposed them, whe- 
ther the people, who were expected to be governed by 
them, would find them acceptable ; nor was it con- 
sidered, whether they could be compelled to forego for 
them the form of government, under which they had 
settled the desert, and in which they might justly deem 
they had acquired an interest. 

The duke of Albemarle was the first palatine ; but he 
did not long enjoy this dignity. At his death, which 



loO CHAPTER [1669 

happened on the 3d of January, 1670, it passed to John 
lord Bcrkely; and the other proprietors were also ap- 
pointed to high sounding offices, and the Tramer of the 
new form of government was rewarded with a land- 
graveship. 

Governor Stephens was directed to organize the go- 
vernment of the county of Albemarle, according to the 
new order of things. It does not appear, that a similar 
application was made at the same time to governor Yea- 
mans, of the county of Clarendon. The people of Albe- 
marle did not relish the innovation; great murmurs 
were excited by, and much opposition made to it : dis- 
contents daily increased, and the governor never com- 
pletely succeeded in carrying his orders into execution. 
A rumor prevailed in the settlement, which although 
without foundation, was not on that account of less 
mischief: an intended dismemberment of the province 
was spoken of. An other, and more real cause of com- 
plaint existed. The colonists had hitherto disposed of 
such commodities as they could spare, to the people of 
New- England, who visited them, while the inclemency 
of the weather shut their own ports. The proprietors 
now wished to divert the commerce of this province 
from this channel and turn it towards England. The 
small quantity of produce for exportation, which was at 
any time ready for shipping, the difficulty of the naviga^- 
tion, which precluded the use of large vessels, the in- 
eonveniency of procuring West India produce, if the 
trade with Boston was abandoned, offered obstacles to a 
direct trade with the metropolis, which the lords pro- 
prietors overlooked, but which appeared insurmounta- 
ble to the colonists. 



1670] • THE EIGHTH. ' J51 

On the 29th of July, 1669, the lords proprietors ap- 
pointed William Say le, governor of that part of Carolina 
which lies south-westwardly of cape Carteret; they 
fitted out two ships, on board of which the new gover- 
nor sailed, accompanied by Joseph West, who was en- 
trusted with the commercial affairs of their lordships, 
who were for some time the only merchants that sup- 
plied the wants of the colonists ; they employed vessels 
to carry on a circuitous traffic, for the purpose of pro- 
curing colonists, cattle and provisions, from Virginia, 
Bermuda and Barbadoes, and of carrying off the incon- 
siderable produce of their colony. About eight hun- 
dred new settlers accompanied governor Sayle, who was 
amply supplied with provisions, arms, and tools for 
building and agriculture ; he landed at Port Royal, in 
that partof South Carolina now known as Beaufort dis- 
trict, and soon after issued writs for electing delegates 
to set in parliament. In order to encourage settlers at 
Port Royal, one hundred and fifty acres were granted 
to every one, at an easy quit rent : clothes and provis- 
ions were distributed from the stores of the lords propri- 
etors, to those who could not provide for themselves: 
and to secure the good will of the neighboring tribes, 
considerable presents were made to the Indian chiefs. 

A bloody war between the Westoes and the Serannas; 
two powerful Indian nations in Carolina, was now car- 
ried on with fury, and proved fatal to both : an event 
which paved the way to the introduction and establish- 
ment of the English colony. 

The treaty of M.idrid, for ascertaining the rights of 
England and Spain, to certain territories in America, 
was signed on the 18th of July, 1670 : by the seventh 
article of it, it was stipulated that the king of England 



152 CHAPTER [1670 

should remain in possession of the territory he had before 
possebst^d, in the West India islands and on the conti- 
nent. Prior to this period, nothing is known to have 
been done to settle the plantations of England in the 
new world. *' The king of England,'' it is said, "his 
heirs and successors, shall have, hokl, and possess for- 
ever, with full right of sovereign dominion, possession 
and property, all lands, countries, and dominions what- 
soever, which said king and his subjects do, at the pre- 
sent hold and possess, so that in regard thereof, or upon 
any color or pretence, nothing ought or may ever be 
urged, or any question or controversy moved, concern- 
ing the same hereafter." By the eighth article, it was 
stipulated, that each party should abstain from the ports, 
harbors, roads, &.c. of the other, but provision is made 
for hospitality in case of distress. 

By the clause of uti possidetis, in this treaty, the 
English gained, in their opinion at least, a confirmation 
of their logwood trade, and possession upon the bay of 
Campeachy, several Englishmen havin.L>:, for some years 
before, employed themselves in cutting wood in that 
country, and a number of them having formed an estab- 
lishment for that purpose, in the lagune de tcrmiims, 
whence considerable shipments were made to Jamaica 
and New- England. 

, Parliament this year extended the powers of the 
courts, to order the transportation of offenders to any of 
the king's plantations beyond sea, for seven years, to 
the cases of persons stealing cloth from the rack, or em- 
bezzling the king's stores to the value of twenty shillings. 
It was made felony for them to return before the expira- 
tion of their time of exportation. (22. C. 11. ch. 5.) 

In the following year, governor Sayle being dissatis- 
fied with the situation he had chosen at Port Royal, re- 



J671] THE EIGHTH. 

moved northerly to a neck of land between Ashley and 
Cooper rivers. Deputies, sent by the lords proprietors 
to aid governor Sayle in his administration, arrived soon 
after, and brought twenty-three articles of instructions, 
called temporary agrarian laws, intended for the equal 
division of land among the people, and the plan of a 
magnificent town, to be laid out, on the neck of land be- 
tween Ashley and Cooper rivers, to be called, in honor 
of the king, Charleston. 

Governor Sayle falling a victim to the climate, Sir 
John Yeamans claimed the chief command, as vice pala- 
tine, being the only landgrave or nobleman in the pro- 
vince : but the council called Joseph West thereto, till 
the pleasure of the proprietors was known, and in Au- 
gust (1671) Sir John received a commission, by which 
he was a|)pointed governor of the southern county. 
From that period, there remained but two governments 
in the province ; the authority of governor Yeamans 
was extended to all the settlements in the province, to 
the south of Cape Fear river. The country having never 
been accurately surveyed, it was thought more eligible 
by the planters on Cape Fear and tliose at Port Royal, 
to unite in a settlement on Ashley and Cooper rivers, and 
the foundation of Charleston was laid. Ti^e site of the 
old town formed, in 1805, part of the plantation of Elias 
L. Horry ; no trace of it was, however, to be seen there, 
excepting a small bottom running directly across the 
neck, which is imagined to be the remains of a wide 
ditch, made to protect the town from the incursions of 
the Indians. The county of Clarendon lost its name, 
being divided into four, which, in honor of some of the 
lords proprietors, were named Berkely, Colleton, 
Craven and Carteret, and the people, who till now had 

N. CARO. 20 



154 ' - CHAPTER [1671 

been under military government, at this time began to 
have a constitutional legislature. 

The county of Albt^marle was at the same time di- 
vided into three precincts, the eastern was called 
Carteret, the middle one Berkely, and the western 
Shaftesbury, in honor of Anthony Ashley Cooper, lately 
created earl of Shaftsbury. 

The following extract of governor Berkely ^s answer, 
in June 1671, to enquiries from the committee of the 
colonies, is a curious specimen of his loyalty: '*We 
have forty -eight parishes^ and our ministers are well 
paid, and by my consent should be better, if they would 
pray oftener, and preach less ; but, as of all other commo- 
dities, so of this, the worst are sent us, and we have few 
that we can boast of, since the persecution in Cromwell's 
tyranny drove divers worthy men hither. Yet, I thank 
God, there are no free schools, and no printing, and I 
hope we shall not have these hundred years : for leearn- 
ing has brought disobedience, heresy, and sects, into 
the world, and printing has divulged them, and libels, 
against the best government." 

This year is remarkable, by the discovery of the Mis- 
sissippi, by father Marquette, a recollect friar, from 
Canada; he entered it through the river Ouisconsing ; 
his first trip was up the river, as high up as the falls of 
St. Anthony; and in company with Joliet, a Canadian tra- 
der, he descended the river as far as the Arkansas. On 
his return, he established a mission, having gathered 
some Indians and Canadians, on the bank of the Illinois 
river, at a place called the Great Rock, about five leagues 
above the mouth of the river. This is the origin of the ^ 
district of the Illinois. The settlement growing nume- 
rous, the emigrants disagreed between themselves, and a 



1672] THE EIGHTH. 153 

colony was settled at Cahokia, on the left bank of the 
Mississippi, about five leagues below the mouth of the 
Illinois. 

In 1672, William Edmundson, an eminent leader 
/ among the Quakers, who had lately arrived from Eng- 
land to America, with the celebrated George Fox, was 
despatched from Maryland, as his precursor to the 
county of Albemarle. He crossed the wide wilderness, 
which separates the county of Albemarle from the set- 
tlements of Virginia, accompanied by another man only. 
They first reached the plantation of one Phelps, a person 
of his society, who had removed with his family from 
New England to the precinct of Berkely , and dwelt on 
Perquiman's river : Phelps' family v/ere greatly rejoiced 
at their intei^iew, not having seen any leader of this 
society for several years : this happening on the first 
day of the week, the neighbors were invited to a reli- 
gious meeting; a number of them attended, but the 
pious guests lamented that many of the congregation 
appeared to have so little regard for decency, on such 
an occasion, as to set down, smoaking their pipes, du- 
ring the silent part of the devotional exercises ; yet they 
had to rejoice, that when Edmundson delivered his tes- 
timony, *'in the authority of truth," several of them 
were convinced. This is supposed to have been the 
first meeting of Friends in Carolina, and there is no 
evidence that it was not the first religious one of Chris- 
tians. Edmundson held his next meeting at the house 
of Francis Jones, one of the council, who dwelt on the 
opposite side of the river, and who, pleased with the 
doctrine of his visitors, joined the society. Meetings 
were held, before the departure of Edmundson, in other 
parts of the precinct of Berkely, and in that of Carteret, 



i;> 



156 CHAPTER [167|i 

and a quarterly meeting of discipline was established in 
Berkely, to which the members of the society in the two 
other precincts were made amenable. The Quakers 
justly boast, that they are the first body of Christians, 
who organized a religious government in Carolina. 

The maxims of the Spanish government admitting 
no competition, about what they looked upon as their 
property in America, the queen regent of Spain pub- 
lished, on the 22d of June, 1672, a royal schedule, pur- 
porting that " such as should make any invasion, or 
trade without license, in any part of the Indies, should 
be considered as pirates." This schedule was consi- 
dered by the Spanish officers in America, as inhibiting 
the English from cutting wood, on the coast of Cam- 
peachy, and they began to confiscate all P^nglish ships 
found with that article on board. 

Complaints being made in parliament, that the pro- 
duce and manuiactures, of the king's dominions out of 
Europe, were allowed to be carried from the places of 
their production and manufacture, to any other part of 
his dominions thence, without duty, to the great in- 
crease of the trade from one plantation to the other ; and 
the colonists not satisfied with being supplied with those 
commodities, for their own use, free from duty, while 
the king's subjects in England, paid a high one therefor, 
brought great quantities of them to Europe, and sold 
them to the shipping of other nations, to the great hurt 
of the revenue, and the trade of England ; a statute was 
passed, enacting, that if any vessel, that might legally 
trade in the plantations, should come to any of them, 
and take on board any sugar, tobacco, cotton, indigo, 
ginger, logwood or cocoa nut, without giving a bond for 
the landing of such commodities in England, Wales or 



1673] THE EIGHTH. 157 

Berwick, upon Tweed, a duty should be levied and 
collected here, in the plantations of the commissioners 
of customs in England, under the direction of the lord 
treasurer. Tonnage and poundage duty, had been 
imposed, and extended to every part of the king's do- 
minions, on his coming to the crown ; but this is the 
first instance of the imposition of customs, on the colo- 
nies alone, to be levied by colonial revenue officers. 

On the 28th of May, war was proclaimed in England, 
against the Dutch. 

The causes of this war were stated to be the nonexi- 
cution of the treaty of Breda,concluded in 1667, the re- 
fusal of the Dutch, to lower their flag before English 
ships ; the continuance of their fisheries on prohibited 
coasts; the publication of injurious falsehoods, and of 
paintings and medals by order of the States general. 

In the spring of the following year, the States general 
fitted out a small armament, under the orders of com- 
modore Binkes, to destroy the commerce of England 
and America. After having burnt most of the ship- 
ping in Virginia, the commodore hearing of the de- 
fenceless situation of New York, determined on im- 
proving the opportunity of reducing again that pro- 
vince, to the obedience of the States general. On the 
30th of July, he reached Staten island, where he was 
met by an officer, sent by the commander of the fort, 
who offirred to treat for a surrender, and on that very 
day the Dutch squadron moved under the fort, landed 
their troops, and took possession of it, without firing a 
single gun. The city surrendered at the same time, and 
shortly after, the whole province was under the domi- 
nation of the Dutch. 



158 . CHAPTER [1673 

The Spanish commander at the fort of St. Augus- 
tine, hearing of some dissention in Sir John Yeamans" 
government, despatched a small armed party, who ad- 
vanced to, and took possession of the island of St. Hel- 
ena, dislodging the settlers. Governor Yeamans sent 
fifty volunteers, under col. Godfrey, who compelled the 
Spaniards to evacuate the island. 

The people of New Jersey refusing to pay quit rents 
to the proprietors, an attempt was made to compel 
them, whereupon they took arms, assumed the govern- 
ment, and compelled Philip Carteret, the proprietors' 
governor, to return to England. 

Charles II. attempted to assume the sovereignty of 
St, Vincents, and the neighbouring island, St. Lucia 
Dominica and Tobago; great contention prevailed 
between England and France, till 1748, when, by the 
treaty of Aix la Chapelle, they were declared neutral. 

The population of the Carribean islands, in the posses- 
sion of England, being greatly increased, they were 
formed into two distinct governments ; the principal 
officer of the first was directed to reside at Antigua. 
Besides this island, he had under him those of St, Kitts, 
Nevis, Montserrat and the Virgin islands. The princi- 
pal officer of the other, was directed to reside in the 
island of Barbadoes; besides this, he presided over the 
islands of St. Lucia, St. Vincent and Dominica. 

Martinico being infested with run away negroes, a 
treaty was made with Francisgel, a negro of Mr, Faler- 
bert's, chief of a band, in which it was stipulated, that he 
should have his freedom and ten acres of pasture, and 
that some of his band should be chastised. 

A party of Dutch buccaneers, who were settled at 
Tortola, were driven out by a stronger party, who 



1673 J ' THE EIGHTH. 159 

called themselves English ; and soon after, Tortola and 
'its dependencies, (the Virgin islands) by a commissioa 
granted by Charles II. to Sir William Stapleton, were 
annexed to the leeward island government. The Dutch 
had done little towards the cultivation of the island, at 
the time they were expelled. 



Chalmers — Laxvson — Archdale — Edwards. 



CHAPTER IX 

In the year 1674, governor Yeamans, reduced to 
a feeble vState of health, by the wfirmth of the cli- 

^ mate and bis labor for the prosperity of tlie colony, 
committed to his care, returned to Barbadoes, 
where he soon after died. He was succeeded in 
the government by Joseph West, who, we have 
seen, was the commercial agent of the lords pro- 
prietors. This part of the province had, at this 

. time, its governor and grand council, and the free- 
holders having now chosen their representatives, 
the three branches met in parliament, and for the 
iirst time legislative acts were passed, which, being 
afterwards ratified by the lords proprietors, the 
government was thus organized in this part of 
Carolina, a little more than five years after the 
adoption of the constitution proposed hy Locke. 

About the same time, governor Stephens also 
died, and the assembly of the county of Albemarle 
called Cartwright, their speak r, to the chief 
magistracy '4ill orders should come from England.'- 
The ill humor, which had been excited by the 
attempt to establish the government modelled by 
LocKe, had not subsided. Governor Stephens had 
been disappointed in his hopes of executing in this 



1675] CHAPTER. - 16! 

respect, the orders of the lords proprietors, and the 
new adiTiiaistratiou was not more successful. 

The lords proprietors sent vines and other use- 
ful plants to their province, with persons skilled in 
the culture of them. 

On the 9th of February, a treaty of peace, be- 
tween England and the States General, was signed 
at Westminster : by the sixth article, New Nether- 
lands were restored to the English, and Surinam to 
the Dutch. The duke of York^ having obtained a 
new patent, in order to remove any difficulty, des- 
patched Edmund Andros to receive possession for 
him. In the month of October, the Dutch troops 
evacuated the country, and Andros, who was 
appointed governor for the duke of York, took 
possession of it, as far as the Delaware. 

Philip Carteret, the governor of New Jersey for 
the proprietors, returned this year, and the people 
being satisfied with some new arrangements, made 
in England by the proprietors, submitted to the 
government. 

The year 1675 is remarkable for the commence- 
ment of a long and tedious war, cotnmotily called 
king Philip's war, which during that year, and part 
of the following, greatly distressed the people of 
New England, and winch did not finish till the 
death of that chief Six hundred of the whites were 
either killed in battle, or murdered by the savages : 
twelve or thirteen towns, and above six hundred 
buildings, chiefly dwelling houses, were destroyed. 
It entailed a tremendous debt on the colonies, while 
it almost totally destroyed their means of meeting it 

N, CARO. 21 



162 CHAPTER [1675 

Before this war, the jealousy of the merchants of 
London, had induced complaints againt the people 
of New England, whose growing commerce began 
to be viewed with alarm. It was represented at 
home, that they not only traded to most parts of 
Europe, but encouraged foreigners to go and traffic 
with them; that they supplied the other plantations 
with commodities, which they should receive from 
England alon^^; thai Boston, having then become 
the great entrepot of the colonies, the navigation of 
the kingdom was greatly prejudiced, the national 
revenue impaired, and the people empoverished; 
that these abuses, at the time that they actually 
destroyed the trade of England, would leave no 
sort of dependence of the colonies on the mother 
country. The governors of the colonies were now 
charged, strictly to enforce the navigation act, and 
it was determined that ''no Mediterranean pass 
should be granted to New England, to protect its 
vessels against the Turks, till it was seen what de- 
pendence it would acknowledge on his majesty, or 
whether his custom house officers would be re- 
ceived, as in the other colonies." This demonstra- 
tion of the wrath of the parent state, at a moment 
when the colony smarted under the stings of war, 
did not depress the spirits of the people of New 
England. That spirit of resistance, which had 
began to manifest itself, continued active, and dur- 
iug the followhjg century vigorously defended, and 
at the end of that period victoriously asserted, the 
independence of the people. 

While the flames of war were thus raging in the 
East, a spirit of insurrection awoke in the South. 



X676J THE NINTH. 16S 

Nathaniel Bacon, a bold, seditious, and eloquent 
joung man, who had been some time in Virginia, 
and had already rendered himself remarkable as 
the fomeriter of opposition to governor Berkely, 
improving the opportunity, which an attack of the 
Indians on the western settlements presented, offer- 
ed himself as a leader to the party opposed to Sir 
William; they chose him for their general, and he 
headed six hundred of them into Jamestown. With 
this force, he surrounded the capitol, in uhich the 
legislature was in session, and compelled that bodj 
to recognize him as the legal commander of the 
troops under him. He led them out towards the 
Indians, but on his way was overtaken by a pro- 
clamation, issued by *,he governor after his depart- 
ure, in which he was denounced as a rebel and a 
traitor. Roused to indigfiation. the popular chief 
marched back to Jamestown. The legislative body 
w'as now adjourned, and the aged royal chief, alone 
and unsupported, deemed it impossible to withstand 
his opponent, and made a precipitate letreat to 
the eastern shore, where he called his friends to 
his aid= Re-animat d by the collection of some 
forces, he advanced with them towards the insur- 
gents. In various skirmishes, each party obtained 
occasionally some advantage. Bacon's men, exas- 
perated by the opposition, became guilty of those 
excesses always attending popular commotions: 
they set fire to Jamestown, laid waste the estates of 
those who adhered to the governor, and forcibly 
carried awny their women. Forced to retaliate, 
Sir William ordered court martials to pass on some 
prisoners he took, and seveiai underwent capital 



164 CHAPTER [165'6 

punishment; the estates of others were confiscated. 
The two parties were about totally to destroy each 
other, when Heaven put an end to the dire calamity 
by the sudden and natural death of Bacon. 

When the news of this civil war in Virginia 
reached England, the ministry thought it prudent to 
send over troops, to check this incipient spirit of 
insubordination in America. Sir John Barry was 
despatced with a small fleet, on board of which was 
embarked a regiment of infantry. This is the first 
instance of English troops being sent over to 
America, to enforce submission to government. 

While New England and Virginia were thus dis- 
tracted by war and internal commotions, the county 
of Albemarle was far from enjoying perfect tran- 
quility. The dissentions, which the attempt of 
governor Stephens to establish Locke's form of 
government, had excited, were not yet allayed, and 
the temporary and precarious authority which his 
successor exercised, had proved insufficient for the 
restoration of order. In the beginning of this year^ 
finding his administration unlikely to be productive 
of much credit to himself, or advantage to the lords 
proprietors, he determined on a voyage to England, 
to lay befo e them the state of the country, leaving 
its affairs *Mn ill order and worse hands." 

The lords proprietors, reflecting how much their 
former instructions had been neglected, and their 
designs opposed by those who had been entrusted 
with their execution, flattered themselves with hav- 
ing found in Eastchurch, a man who would carry 
their views into effect, and appointed him governor 
of the county of Albemarle in the month of Novem- 



1676] THE NINTH. Itfo 

ber. His address and abilities had raised him to 
the office of speaker of the assembly, and he had 
lately arrived in England, in order to lay the remon- 
strances of the people before their lordships. The 
instructions which were given him at his departure, 
were calculated to allay the present, and to prevent 
future disorders. Miller, a man of consideration, 
was sent with him as secretary and collector of the 
customs. They took their passage on board of a 
vessel bound to the West Indies : here, the charms 
of a Creole lady for a while held the governor in 
bondage. The captive sent his companion to rule 
the people of Albemarle, till the chain that bound 
him, prov.ed too weak to hold him, or strong enough 
to enable him to draw the beauty, who had im- 
posed it. 

John Barry and Francis Morrison, the king's 
commissioners sent to Virginia after Bacon's rebel- 
lion, in their report of that event, complained that 
the independent plantations of Maryland and Caro- 
lina', then very prejudicial, would in time prove 
utterly destructive, to the royal interest and govern- 
ment in Virginia, and they proposed that with a 
salvo to the right of the proprietors, the jurisdiction 
and power of government might so reside in the 
crown, that they might be obedient to all orders, 
rules and process of the king and his council; else, 
he would not only find that be had given a great 
deal of land, but so many subjects also; and that 
the next generation would not know nor own the 
royal power, if the writs, trials, and process be per- 
mitted to continue in the name of the proprietors, 
without any salvo of alleaiiance to the king : that it 



166 CHAPTER ' [1677 

was daily seen, that not only servants, but also run 
Wiway negroes and rebels, flew to Carolina or the 
southward, as their common refuge and lurking 
place; and when some of the late rebels were de- 
manded by letter, they could not have them sent 
back. 

Miller reached the place of his destination in 
July, and entered on the duties of president of the 
council, which his friend had conferred on him, 
without relinquishing those of secretary and col- 
lector of the customs, which he had received from 
the lords proprietors. He found his government 
to consist of a few inconsiderable plantations, scat- 
tered on the north-east side of Albemarle sound, 
divided into four precincts. The colonists were 
far from being numerous: the whole population, 
consisting of all persons from the age of sixteen to 
that of sixty, amounting only to fourteen hundred 
polls, one third of whom were women, Indians, 
servants and negroes. Besides some cattle and 
Indian corn, eight hundred hogsheads of tobacco 
constituted the yearly produce of their labor,and the 
basis of an inconsiderable traffic, carried on chiefly 
by the people of New England. These men sup- 
plying the settlement with the commodities of 
Europe and the West Indies, and receiving all its 
produce, influenced in a considerable degree the 
affairs of the country, and directed the pursuits of 
the people lo their own advantage. From July till 
December, Miller collected thirty-three hogsheads 
of tobacco, and a little more than five thousand 
dollars, for the duty of one penny sterling on every 
pound of tobacco exported to the other pplpni^s ? 



1677] THE NINTH. 167 

almost all that was made, being exported to Boston, 
whence it was shipped to Europe. The little reve- 
nue accr ing to the colony, although badly collect- 
ed, amounted to something more than twelve 
thousand dollars a year. 

The offices of president and collector, which Miller 
exercised, m the deranged state of the colony, were not 
calculated to render him popular. It was his misfor- 
tune not to possess any quality, by which this disadvan- 
tage could be balanced. The discont- nt of the people, 
emboldened by the example of the followers of Bacon, 
in Virginia, and excited by the counsel of some of those 
who had removed to Albemarle, and some New En.^- 
land men, increasing daily, rose to such a height that it 
broke into open rebellion in the precinct of Pasquotank; 
and Culpepper, a man who had come over to the coun- 
ty of Clarendon with governor Sayle, in 1670, as sur- 
veyor general of Carolina, and had raised some commo- 
tion on Ashley river, placing himself as the head of the 
malcontents, in the month of December, and securing 
the favor of the president, and that ot some of the lords 
proprietors' deputies, entirely prostrated the government 
of the country. 

They complained that the president had denied them 
a free election of an assembly, and had positively cheat- 
ed the county of 130,000 weight of tobacco, which had 
raised the levy to 250 lbs of tobacco a head more thaa 
it would otherwise have been; besides nearly 20,000 
weight of tobacco ; a charge which he had brought on the 
county by h\s piping guard. They stated that a Capt, 
Gillam had imported a quantity of goods, more than 
treble that which he had brought in the preceding year, 
and, about two hours alter his landing, was arrested and 



168 ^ CHAPTER [1678 

held to bail for one thousand pounds, in an action of 
slander, and so much ill used and abused by the presi- 
dent, that had he not been persuaded by some, he would 
have gone directly out of the country: and the same 
night, at about twelve, the president went on board with 
a pair of pistols, presenting one of them cocked at a Mr. 
George Dinant's breast, and with the other hand arrested 
him as a traitor. 

The insurgents, possessing themselves of about twelve 
thousand dollars, which were found in the fiscal ciiest, 
successfully employed them in the prosecution of the 
revolt, in the other three precincts. They appointed 
officers, established courts of justice, called a parlia- 
ment, and during two years undisturbedly exercised all 
the powers of an independent commonwealth. 

They published a manifesto, in which they detailed 
the grievances which, in their opinion, had justified them 
in suppressing the government of Miller, and assigned as 
their principal motive in imprisoning hiro and some of 
his council, and in possessing themselves of the records 
of the county, a desire "that the county might have a 
parliament, that would represent their grievances to the 
lords proprietors." 

Alarmed at the spirit of insubordination and insur- 
rection, which manifested itself so powerfully, in their 
colonies on the continent, the English ministry deter- 
mined on making an experiment in those of the West 
Indies, and a new system of legislation was adopted for 
the island of Jamaica, modelled on the Irish constitution. 
The Earl of Carlisle was sent over for the purpose of 
enforcing it. A body of laws was prepared in the privy 
council in England (among which was a bill for settling 
a perpetual revenue on the crown) which his lordship 



1678] THE NINTH. 169 

was instructed to present to the assembly and to require 
them to adopt the whole code, without any alteration or 
amendment. In future, the heads of all bills (money 
bills excepted) were to be suggested in the first instance 
by the governor and council, and transmitted to his 
majest}^, to be approved or rejected. On their having 
obtained the royal confirmation, they were to be return- 
ed, under the great seal, in the shape of laws, and passed 
by the general assembly, v/hich was to be convened for 
no other purpose than this, and that of voting the usual 
supplies, unless in consequence of special orders from 
Ens:land. 

The assembly rejected the proffered constitution, 
with great indignation. No threat could frighten, no 
bribe could corrupt, nor art persuade, them to pass laws 
that would enslave them and their posterity. 

A considerable number of persons went from New 
England upon a journey of discovery, and proceeded 
four hundred and fifty miles westward of the Missis- 
sippi. The war soon after breaking out between the 
British colonies and the Indians, many of the latter re- 
treated to Canada. From these Monsieur De la Salle, 
a French adventurer, obtained information which after- 
wards enabled the French to possess themselves of the 
river. 

The year 1678 is remarkable for the pacification of 
Nimeguen. On the third of March, Charles II. signed 
a treaty of alliance with the States General, in which the 
treaty of Breda was confirmed. 

The statutes relating to transportation w^ere now ex- 
tended, and it was enacted that should any convicted 
felon in open court pray to be transported, the court 

N'. CARD. 22 



no , CHAPTER [1679 

might orrier him to prison, for transportation beyond 
sea. 31 Cu. II. ch. 2, s. 14. 

Governor Eahtchurch at length arrived; to his com- 
mission or conduct no objection could be made. The 
insurgents, however, denied his authority, and refused 
obedience to him. He was compelled to solicit some 
aid from lieutenant governor Chicherly, of Virginia, but 
died of vexation before any could be obtained. 

Charles II. ordered two small vessels to be fitted out 
at his own expense, to transport to Carolina several fo- 
reign protestants, who proposed to raise wine, oil, silk> 
and other productions of the south. 

After two years of successful revolt, the insurgents 
of the county of Albemarle despatched Culpepper to Eng- 
land to proffer their submission to the lords proprietors ;. 
but instructed him to insist on the punishment of Mil- 
ler, who had found means of making his escape out of their 
hands. Culpepper found him in England, filling the court 
with complaints of his sufferings and accusations against 
his prosecutors, but without success. The lords proprie- 
tors accepted the submission of the insurgents ; but as 
their envoy was returning home, after having executed 
his trust, he was prosecuted by the commissioners of 
the customs, for having acted as collector of the cus- 
toms, without their authority, and having embezzled 
the king's revenue in Carolina ; he was arrested on board 
of a vessel at the Downs, brought back, and at Trinity- 
term, 1680, tried bv virtue of the statute of Henrv VIII. 
on an indictment for high treason committed without 
the realm. 35 H. VIII. ch. 2. The famous lord Shafts- 
bury, then in the zenith of his popularity, appeared in 
his behalf, and represented, contrary to the most un- 
doubted facts, ''that tiiere never had been any regular 



1679] THE NINTH. 171 

government in the county of Albemarle, that its disor- 
ders were only feuds among planters, which could 
amount only to a not." He Wus acquitted, and is the 
first colonist, who appears to have been regularly tried 
in the court of the king's bench, upon that statute. 

The lords of the committee of the plantations reported 
to the king that, having heard the complaints of the com- 
missioners of the customs against John Culpepper, and 
having been attended by the lords proprietors of Caro- 
lina, they were fully satisfied, after a thorough investi- 
gation of the conduct of that man, that he had by his se- 
ditious practices abetted a rebellion in that province, 
imprisoned seven of the deputies of the proprietors and 
the collector of the king's customs, and having seized 
into his own hands the custom of his maj<"sty, had, in a 
proclamation issued in his own name, declared himself 
the lawful collector, endamaging the royal revenue to a 
considerable amount : that these facts were confessed 
by the delinquent, who solicited a pardon, desiring that, 
if mercy was not extended to him, he might be tried in 
the country, where the offence had been committed. 
But the commissioners of the customs prayed that no 
favor might be shown to him, unless he made or pro- 
cured satisfaction for the property used and embezzled, 
which was said to amount to three thousand pounds. 

The lords proprietors, in the mean time, had sent John 
Harvey, as president of the county of Albemarle, and 
they prevailed upon S<"th Sothel, one of tliem, who, at 
the death of lord Clarendon, had purchased his lord- 
ship's share in the province, to go over as governor of 
Carolina, in order by his presence to allay the feuds of» 
and restore tranquility among, the colonists, He .saiU 



17^ CHAFIliiR. [IGm 

ed on his iiUended voyage, but was captured by the Al- 
gerines. 

The oldest records extant in the state of North Ca- 
rolina are proceedings of a palatine court, held by presi- 
dent Harvey who came out in 1679 or 1680. It appears 
to have been a court of probates. The accounts are kept 
in pounds of tobacco ; a negro v.^oman is valued at four 
thousand five hundred pounds of that commodity, a 
milch cow at four hundred pounds. 

The piece of land, formed by the confluence of Ashley 
and Cooper rivers, offering a more eligible spot for the 
chief town of the southern government of Carolina than 
the one on which Charleston had been built, the lords 
proprietors yielded to the wishes of the inhabitants, many 
of whom had begun in the preceding year to remove 
thither. The foundation of a new town was now laid 
here, and in the course of year thirty dwelling houses 
were erected. It received the name of the old town, 
which was now abandoned, and the new one was de- 
clared the port for the various purposes of traffic, and 
the capital for the general administration of government 
in that pajt of the province. 

The province of New Hampshire was separated from 
that of Massachusetts ; a commission for the distinct go- 
vernment of that colony being this year brought to 
Portsmouth. By it, the people had a representation, in 
a body chosen by themselves, and the king was repre- 
sented by a governor and council, of his own appoint- 
ment, and reserved to himself the right of repealing the 
acts of the legislature at his pleasure. 

In the month of March, Monsieur De la Salle, ac- 
companied by Father Hennepin, descended the Ohio and 
ascended the Mississippi as far as the 46th degree of 



• 



!681] THE NINTH. 173 

north latitude, where they were stopped 'by a fall, to 
which tliey gave the name of St. Anthony. 

The ministry in England unable to conquer the 
stubborn perseverance of the assembly of Jamaica, for- 
bore insisting any longer on establishing the Irish con- 
stitution in that island, and on the third of November 
issued a commission to the earl of Carlisle, containing: 
the power of making laws with the assembly, in the man- 
ner which had hitherto prevailed. 

A party of Spaniards landed on the island of Provi- 
dence, one of the Bahama islands, and totally destroyed 
an English settlement. They took governor Clark, • 
who commanded it, to the island of Cuba, in irons, and 
put him to death by torture ; and Don Philip de Vare- 
da Villegas arrived in April, 1680, at the island of Trist 
and the laguna de terminos, attacked the English log- 
wood cutters, while separated from each other, and dis- 
lodged them from thence. 

Henry Wilkinson was, in the following year, appoint' 
ed governor of that part of the province of Carolina 
which lies between that of Virginia and and a line drawn 
at the distance of five miles to the south of PampHco ri- 
ver. President Harvey, whom he reHeyed, had com- j-t^^^ 
manded but little regard. He manifested too vindictive SuCtU 
a spirit, against those who had been implicated in the J)/U^ \ 
late revolt. They were proceeded against with severity, 
and punished with heavy fmes, tedious imprisonment, 
and some of them with banishment; contrary to the in- 
struction of the lords proprietors, who had recommend- 
ed great moderation. 

The people of New England persevered in their resist- 
ance to the act of parliament, establishing a duty on colo- 
iiial produce. Edward Randolph*, who had been appointed 



i74 CHAPTER [1682 

collector of it at Boston, arrived this year, and made a 
vigorous, but unsuccessful attempt to execute his office. 

On the fourth of March, Charles 11. granted to Wil- 
liam Penn a charter for all the land between the river 
and bay of Delaware and Lord Baltimore's province of 
Maryland, erecting it into a province by the name of 
Pennsylvania, and constituting him and his heirs abso- 
lute proprietors of it. He immediately gave public no- 
tice of the king's grant, and invited purchasers; and a 
number of persons, chiefly of the Quaker profession, 
formed themselves into a company, and bought twenty 
thousand acres of land in the new province, at the rate 
of twenty pounds sterling for every thousand acres. On 
the 11th of July he entered into stipulations with the 
purchasers and other individuals who desired to remove 
to Pennsylvania, and in the fall a number of the colo- 
nists left England. They reached the new province 
late in the year, and began a settlement, above the con- 
fluence of the Schuylkill with the Delaware. 

In the spring, the proprietor published a form of go- 
vernment and laws, which he had made with the con- 
. sent of the persons in England who had become inter- 
. estcd in the province. He obtained from the duke of 
York a release of his right to the land in Pennsylvania, 
and a conveyance for the tract which was first known 
under the appellation of the territories of Pennsylvania, 
afterwards by the three lower counties of Delaware, and 
now as the state of Delaware. 

On the 24th of October, he landed at Newcastle, at- 
tended by about one hundred new settlers. He caused 
the people in the neighborhood to meet him on the next 
day, and having received before them legal possession of 
the province, he made a speech to them, acqurinting 



1683] THE NINTH. 1T5 

them with his views, commenting on the nature and end 
of government, particularly of that which he meant to 
establish, assured them of liberty of conscience and civil 
freedom, and recommended to them to live in sobriety 
and peace. After renewing the commissions of former 
magistrates, he proceeded to Upland, the settlement now 
known as the town of Chester ; he there met the general 
assembly of the province, on the fourth of December. 
The three lower counties were annexed to the province, 
and an act of settlement was passed, in reference to the 
frame of government ; the Dutch and Swede inhabits 
ants, and other foreigners in the province, were natural- 
ized, and all the laws agreed on in England, were passed 
in form. 

William Penn immediately after entered into a treaty 
with the natives, from whom he purchased as much of 
the soil, as the circumstances of the province called for, 
and settled a very kind correspondence with them. He 
immediately after laid out the city of Philadelphia, and, in 
the course of the year, upwards of eighty houses or 
cottages were erected in it. 

Lord Cardross, a Scotch nobleman, embarked with a 
number of families of his nation, with whom he began a 
settlement on the island of Port Royal, in Carolina ; but 
his lordship, in consequence of some arrangement made 
with the lords proprietors, having claimed separate and 
co-ordinate authority with governor West of Charles- 
ton, was compelled, with circumstances of outrage, to 
acknowledge his submission and dependence ; he soon 
after returned home. 

The spring of the following year is memorable in the 
annals of the western world, by the descent of Monsieur 
De la Salle down the Mississippi to the sea, which he 



116 CHAPTER [168S 

reached on the seventh of April. He took possession of 
that mighty stream in the name of his sovereign, Louis 
XIV. of France, in whose honor the country was called 
Louisiana. 

On his way, he stopped on the left bank of the river, 
and built a fort, within the then chartered limits of North 
Carolina, near the present town of Memphis, in the 
state of Tennessee. 
/ Seth Sothel arrived this year in Carolina, and took on 

himself the government of the northern part of the pro- 
vince, governor Wilkinson having lately died. The 
nev/ administrator did not find the scene of anarchy 
altered, neither was he calculated to put a period to it. 
The instructions of the lords proprietors enjoined him 
to endeavor, by a mild and humane administration, to 
reconcile the colonists to order and obedience. The 
annals of delegated authority have not recorded a name, 
which deserves more to be transmitted to posterity with 
infamy, than that of Sothel: bribery, extortion, injus- 
tice, rapacity, breach of trust, and disobedience to the 
laws, are the crimes with which he was charged, while 
he misruled a miserable colony. 
, The four precincts on Albemarle Sound, which were 
hitherto designated by the titles or names of some of the 
lords proprietors, viz. Shaftsbury, Berkely, &c. were 
now named by the principal streams that water them, 
Chowan, Perquimans, Pasquotank and Currituck; ap- 
pellations which they to this day retain. 

Edward Randolph, the collector sent from England 
for the port of Boston, having written home, that he was 
in danger of being punished with death, by an accursed 
law of the province, as a subverter of the constitution, 
for his attempts to exercise the duties of his office, was 



1684] THE NINTH. lit 

ordered home. On his arrival, he preferred an accusa- 
tion of high crimes and misdemeanors, against the cor- 
poration of Massachusetts, and on the sixth of July an 
order in council was passed, for issuing process of quo 
warranto^ for the dissolution of its charter. This order 
was however accompanied by a declaration of the king, 
that if the colony, before prosecution, would submit to 
his pleasure, he would regulate their charter, for his 
service and their good, and with no other alterations 
than such as should be necessary for the support of his 
government in the province. The proud spirit of New 
Englandmen could not brook to yield to such terms ; it 
preferred encountering the full effect of the royal wrath. 
Accordingly, the high court of chancery in England, on 
the eighteenth of June following, gave judgment for the 
king, against the governor and company of Massachu- 
s( tts ; their charter w^as annulled, and their liberties taken 
in the king's hands. Colonel Kirk was now appointed 
the royal governor for the colonies of Massachusetts, 
New Hampshire, Maine and Plym.outh. 

The French, in order to engross the fur trade, and to 
check the influence of the EngUsh on the Indians, built 
the fort at Detroit. 

Lord Effingham, who was appointed the preceding 
year governor of the province of Virginia, was instruct- 
ed by his sovereign to allow no person to use a print- 
ing press, on any occasion whatever. 

The want of a circulating medium being severely 
felt in the province of Carolina, its parliament, at the 
same time " raised the value of foreign coin," and 
passed an act to suspend the prosecution of all foreign 
debts ; it received the assent of the lords proprietors, 
but it was afterwards dissented from, because it *' was 

N. CARO. 23 



178 CHAPTER [1685 

contrary to the king's honor, since it was in effect to 
stop the course of justice, and because the padiament 
had no power to enact a law so contrary to those of Eng- 
land." The lords proprietors ordered all officers to be 
dismissed, that had promoted that law. 

Tr.e confederacy of the five nations of Indians, in 
Caniidi^ had extended its conquests to a vast extent to 
the soiidi and west, from the shores of the Mississipj)i to 
the borders of the western settlements of Maryland and 
Virginia. These two provinces, <^)ften involved in the 
calamities of their Indian allies, whom thev were unable 
to protect, except by treaties, found it expedient to 
settle terms of peace with the ferocious concjuerors : the 
governor of Virginia proceeded to Albany, where, with 
that of New York, he met the deputies of the five nations, 
and concluded a peace. 

In 1685, the bishop of London sent James Blair, as 
his commissary in Virginia. 

On the 16th of February, Charles II. died, and 
was succeeded bv James, duke of York, his brother. 

At this period, with the exception of the province of 
Georgia, which was not established till half a century 
after, all the colonies, who in the next century seceded 
from the British empire, and became the United States 
of America, were already in an advanced state of pro- 
gressive improvement : the English had besides valua- 
ble establishments at Bermudas, and in a number of the 
West India islands. 

The Frenuh in Canada made great, but not equal pro- 
gress ;. they had settlemerrts to the west, as far as 
Detroit and MichiUimackinac, and had extended of 
late their discoveries to the gulf of Mexico ; they carried 



1685J THE NINTH. 179 

on a considerable commerce among the Inrlian tribes, 
who hunted on the banks of the Missibsippu Their 
pro{j;ress, however, was considerably checked by the 
Indians of the five nations, whom the g;ovcrnment of 
the EngUsh colonies supported, as a barrier against the 
encroachnv nts of the French. 

The Spaniards had no settlement on the northern 
continent, except the few fortb on the coast of Florida, 
which for upwards ol a century they hud kept up, with- 
out any agricultural improvements around them. 

Although the English colonies might rejoice in their 
advancing population and wealth, their political sky 
was not as serene as the natural. We have seen the 
storm bursting over the northernmost section ; thick 
clouds were gathering over Rhode Island and Connecti- 
cut ; the people of New York were not yet allowed all 
the rights of Englishmen ; the small colony of New 
Jersey, divided among two proprietors, was distracted 
in her councils ; Pennsylvania, in the midst of her sis- 
ters, in perfect tranquiliiy beheld, unconcerned for her 
own situa ion, the clouds that hovered around them. The 
southern provinces had not recovered from their internal 
dissentions, and the attacks of the Indians. 

The popiihtion of Carolina was still very inconsidera- 
ble : in the northern part of the province, there were 
scattered plantations on both sides of Albemarle 
sound, and the shores of the rivers that empty i'^to it: 
in t.e southern part, there wtrt still a few planters on 
Cape Fear river, but most of the planters from Barba- 
does had removed to the shores of Ashley and Cooper 
rivers, where was now a growing sttliement. These, 
with the habitations of the tew Scotch families left by lord 
CardroiS at Port Royal, constituted the whole popula- 



iB9 



CHAPTER. 



[1685 



tion of the province. The settlement on Ashley and 
Cooper rivers, had received a small reinforcement by the 
migration of some Dutch families, on the conquest of 
the New Netherlands,. 



Chalmers-^Hlsf^ry of South Carolina — Edwards. 



CHAPTER X. 

The death of Charles II. had put a temporary stop to 
proceedings against the chartered American colonies : 
but James II. soon found it expedient to renew themo 
In July, 1685, the administration of the governor and 
company of Connecticut was complained of, viz : ** they 
have made laws contrary to the laws of England ; they 
impose fines on the inhabitants, and convert them to 
their own use ; they impose an oath of fidelity upon the 
inhabitants, without administering the oath of supremacy 
and allegiance, as in their charter is directed ; they deny 
to the inhabitants the exercise of the religion of the 
church of England, arbitrarily fining those who refuse 
to come to their congressional assemblies ; his majesty's 
subjects inhabiting there, cannot obtain justice in the 
courts of the colony ; they discourage and exclude from 
the government all gentlemen of known loyalty, and 
keep it in the hands of the independent party in the 
colony." In consequence of these charges, James or- 
dered a ^wo warranto to be issued against the charter of 
Connecticut. The people perceived the king was in 
earnest, and their alarm manifested itself in humble 
solicitations for favor. In the month of October, of the 
same year, a similar process was sued out against the 
colonyof Rhode Island. Colonel Kirk's commission not 
having received the royal seal, before the late king's de- 



182 CHAPTER [1686 

mise, Joseph Dudley, a native of Massachusetts, was 
appointed president of New England. The first post 
office, was established in the colonies, in the year 1685, 
and Edward Randolph was appointed deputy post- mas- 
ter, for New England. i 

The Spaniards, at St. Augustine, believing that some 
late attacks, on their people by the Indians, were owing 
to the ill conduct of some of the Scotch settlers, leit by 
lord Cardross on the island of Port Royal, invaded that 
part of the colony and laid it waste. 

This year, writs of quo warranto were issued, with a 
view to obtain the forfeitures of the charters of Carolina 
and New Jersey. The proprietors of the first province, 
prudently bending before a storm, which it seemed vain 
to resist, eluded the force of a blast, that had laid the 
charters and government of New England, in ruins ; and 
offered a treaty of surrender. New Jersey was, not 
long after, annexed to the government of New England. 

The king, intending to establish the same arbitrary 
rule in New York, as he had designed for New Eng- 
land, deprived that colony of its immunities. Gover- 
nor Dongan, hitherto the proprietor's, now the royal 
governor, was instructed not to allow any printing press; 
the assembly was abolished, and New York reduced to 
the condition of a conquered province. 

On the 20th of December, Sir Edmund Andros, 
whom the king had appointed governor of New Eng- 
land, arrived at Boston. He was instructed to con- 
tinue the former laws of the country, so far as they 
were not inconsistent with his commission ar)d instruc- 
tions, until other regulations were established by the 
governor and council ; to give universal toleration in 
religion, and encouragement to the Church of England; 



1687] THE TENTH. 18:!^ 

to execute the laws of trade, and prevent frauds in the 
customs. As it was not imasjined that the new order 
of things would be submitted to, on the part of the col- 
onists, by choice, a small military establishment was 
formed, and warlike were stores sent over. 

In obedience to his instructions, governor Andros, 
within ten days after his landing, dissolved the govern- 
ment of Rhode Island ; broke its seals, and assumed 
the administration of that province. 

A number of French Protestants, driven from their 
country, by the revocation of the edict of Nantz,|which 
took place the preceding year, arrived in Boston ; they 
were kindly received, and a subscription sat a foot, for 
the use of those who need^^d relief; they built a small 
brick church in School street. The greater part of them, 
however, soon after sought a milder climate, in the pro- 
vinces of Virginia and Carolina. 

The year 1687, is remarkable for the first plan of an 
insurrection of the blacks on the continent. It took 
place in the province of Virginia, and in that part of it 
which is called the northern neck ; it was discovered 
just in time to prevent its explosion, and lord Effing- 
ham averted its consequences, by the early and strict 
exectiiion of the laws relating to the police of slaves. 
John Burke believes their number fell little short of one 
half of the population of that province. 

During the month of April, the king's attorney gene- 
ral, in England, sued out a writ of quo warranto^ against 
lord Baltimore, the proprietor ol Maryland; but no 
judgment was obtained. 

In the month of October, governor Andros, attended 
by his suite and sixty soldiers, went to Hartford, where 
the general assembly was in session, and declared th^ 



184 CHAPTER [1687 

charter government to be dissolved . The assembly, be- 
ing called upon to surrender the charter, protracted the 
discussion that arose, till early candlelight, when, the 
instrument being brought in and laid on the speaker's 
table, the lights were instantly extinguished, without 
any disorder or confusion ensuing; but when the 
candles were lit, the parchment could not be found. 
Captain Wadsworth, of Hartford, had silently carried it 
off, and secreted it in a hollow tree, which, to this day, 
is regarded with veneration, as the preserver of the con- 
stitution of the colony. 

Sir Robert Holmes was despatched from England, 
with a small naval force, and an extraordinary commis- 
sion, for suppressing pirates in America. The gover- 
nors of Carolina were instructed to show examples of 
submission to his power, and to afford every possible 
assistance to his armament. This project was success- 
ful, till new causes, not long after, gave rise to piratical 
adventurers, which required all the continued energy of 
William and Mary to suppress. 

The French, at this time, made their first attempt at a 
settlement, on the gulf of Mexico. Monsieur de la 
Salle had returned to France, in 1683, to carry to his 
sovereign, the news of his discovery, and taking posses- 
sion, of the Mississippi, and the country at the mouth 
of that river. Louis XIV., anxious to secure this new 
acquisition, despatched a small armament, consisting of 
four vessels, under la Salle, with one hundred soldiers, 
some artillery, and a number of settlers. La Salle took 
the old route by the way of the West Indies ; he touched 
at Hispaniola, and unfortunately missing the mouth of 
the river he was in quest of, he fell two hundred miles 
to the westward, in the bay of St. Bernard, which he 



XG8T3 THE TENTH. 185 

called the bav of St. Louis : here he built a fort, and 
leaving a garrison in it, proceeded easterly, along the 
coast, in search of the Mississipjii ; reaching another 
river, which he mistook for the one he looked for, and 
built another fort, on its bank. He then sat off for Can- 
ada by land, intending to reach it through the river Illi- 
nois, and proceeded as far as the settlement of Nacog* 
doches, in the Spanish province of Texas, in the neigh- 
borhood of which, he was murdered by one of his men, 
on the 27th of March, 1687 ; the rest of the party con- 
tinued their route to Quebec. The Indians feil on the 
men la Salle had left on the sea shore, and destroyed them 
all, except a few whom they carried away to their 
villages. 

It was thought advisable, in 1687, on several ac- 
counts, particularly the extensive progress the French 
were making in Canada, to appoint one general gover- 
nor over New England; th?^ submissive application of 
the people of Connecticut could no further be regarded, 
than by allowing them their choice, to be annexed 
to New York or Massachusetts; they preferred the 
latter; and, accordingly. Sir Edmund Andros hav- 
ing been appointed captain general over all Ntw Eng- 
land, the charter of Connecticut was surrendered to him 
at Hartford, in October, 1687, and the colony was an- 
nexed to Massachusetts, according to the royal promise, 
through the people's petition ; but t ;e very night of the 
surrender of it, Samuel Wadaworth, of Hartford, with 
the assistance of a mob, violently broke into the apart- 
hients of Sir Edmund, regained, carried off, and hid the 
charter in the hollow of an elm tree. 

In the year 1688, the distractions and commotions, 
in the northern part of the county of Albemarle, rose 

N. CARO. 24 



18(3 CHAPTEU Ll<538 

to such a height, that the colonists, almost driven to 
despair, secured the persr>n ^.>f governor Sothel, and im- 
prisoned him, withthevie'vof sending him to England, 
to answer to the lords proprietors for his crimes ; but, 
yielding to his entreaties, and his offer to submit their 
mutual accusations to the assembly, they left him at 
liberty. The general assembly gave judgment against 
him on all the charges, and compelled him to abjure the 
country for twelve months, and the government forever. 

King James now united the four colonies of New 
England, and tlie provinces of New York and New 
Jersey, under one government, and appointed Sir Ed- 
mund Andros captain general and vice admiral, over 
them, and Francis Nicholson was named his lieutenant. 
All the powers of government were vested in a gover- 
nor and council, and the people had no agency in the ad- 
ministration of affairs, nor any vote in the appointment 
of officers. 

The inhabitants of several towns in Massachusetts, 
refused to make the assessments, without which, the 
taxes imposed by the grant of the legislative council 
under governor Andros, could not be collected. The 
selectmen of Ipswich came to a resolution, " That, in- 
asmuch as it is against the privileges of Englishmen to 
have money raised without their consent, in an assembly 
or parliament, therefore, they will petition the king, for 
the liberty of an assembly, before they make any rates.'*^ 
The governor endeavored to procure obedience by 
prosecutions, and the judges punished several individuals 
by heavy fines and long imprisonment. Increase Ma- 
ther, a respectable clergyman, was sent to England, to 
represent the grievances of tht' people of New Englandi 
to the king* 



1689] THE TENTH. 187 

Early in the following year, accounts of the abdication 
and departure of the king for France, which had taken 
place on the 23d of December, reached the continent, 
and it was rumored that the prince of Orange had, or 
would soon land in England. Thus, at a time that a 
revolution was effected at home, the northern colonies 
gave the parent state the example of another. They had 
suffered for three years, under a privation of their most.. 
valuable rii^hts, and their patience Vv^as now exhausted.. 

Sir Edmund Andros, governor of Massachusetts, 
imitating the capricious and arbitrary conduct of James, 
the people could not long brook submission to their 
sway: having sought in the wilds of America, the 
secure enjoyment of civil and religious liberty, they were 
not dis-posed to see their dearest rights wrested from 
them, without a struggle to retain them. They had, for 
several years, suffered the impositions of a tyrannical 
administration, and the dissatisfaction and indignation 
which had been gathering was now blown to a flame, by 
a report of an intended massacre by the governor's 
guards. On the 18th of May, 1689, the inhabitants of 
Boston took arms; the people poured in from the coun- 
try, and the governor, with such of his friends as had 
been most active, and many other obnoxious persons, 
were secured and confined. The old magistrates were 
restored, and the next month the news of the revolution 
in England, quieted all apprehensions of the conse- 
quences of what had been done. Sir Edmund was, how- 
ever, kept in the castle till the month of February, when 
he was sent to England for trial, and the general court 
sent with him a committee of several gentlemen, to 
substantiate the charges against hinv, 



188 , CHAPTER [168i? 

Most of the members of the council, the princi- 
pal officers, and the collectors, to the number of about 
fiftv, were likewise seized and confined. 

The old magistrates were reinstated ; and call ing to 
their assistance, a number of respectable individuals 
from the town and county, formed themselves into a 
** Council for the safety of the people, and the continu- 
ation of the peace." On the 24th, the magistrates 
chosen in 1686, subscribed a declaration of their accep- 
tance of the care in government of the people, until, by 
directions from En,5^land, there might be an orderly set- 
tlement o! government, and on the 29»h, William and 
Mary were proclaimed, with great ceremony, iu Boston. 
An address was sent to their majesties, and they were 
besoiight to allow the exercise of government, accord- 
ing to the charter, till they were pleased to establish a 
new one. Thi*^ was acceded to. 

The people of Rhode Island, on hearing of the im- 
prisonment of governor Andres, met at Newport on 
the 1st of May, voted to resume their charter, and 
called in their former officers. 

Robert Treat, who had been elected governor of Con- 
necticut, in 1687, when the charter was surrendered to 
Sir Edmund Andros, was declared still governor of the 
province. Intellisfence was received of an insurrection 
and the overthrow of governor Andros, at Boston. 
The new governor summoned the old assembly, who 
voted the validity of the charter, and directed Samuel 
Wadsworth to bring it forth, who, attended by the high 
sheriff and a concourse of people, carried it to the go- 
vernor; the general court voted their thanks and twenty 
shillings to the gentleman, for his care and preservation 
vof the charter. 



1689] THE TENTH. 189 

Oil receivinsj information, in New York, of the 
king's abdication, the principal officers met, in order to 
consult on the exigencies of the occasion ; but, while 
they were deliberating^, Jacob Leisler, at the head of a 
party of fifty men, took possession of the fort, in the 
name of tlie prince of Orang'^ ; and in the month of 
June, William and Mary were proclaimed, and until the 
arrival of coioael Henry Slaughter, two years after, as 
royal governor, th^^ province was ruled by a committee 
of safety, presided by Leisler, 

Their mcijesties were soon after, proclaimed in the 
other colonies. 

Philip Ludwell, of Virginia, who had filled in that 
province, the office of collector of the customs, and w-io 
had suffi;red for his adherence to governor Berkely, 
during Bacon's rebelHon, came over as governor of the 
northern part of Carolina, 

In the month of November, William Blair was re- 
ceived in Virginia, as commissary of the bishop of Lon- 
don, in the English provinces on the continent. The 
duties of the commissary were analagous to those of a 
pope's legate. He was representing in the colonies, the 
right reverend father of the church, and he made visita- 
tions, enquiring into and correcting the discipline of the 
churches, a id acted in all cases with that supreme eccle- 
siastical authority, exercised by his superior, himself. 

The province of Virginia was at that time much dis- 
tracted, and ready to break out at the slightest irritation, 
into open revolt; nothing, says John Burk, had hitherto 
preserved ever the appearance of tranquiUty; but the 
revolution in England, and the hopes of redress from a 
kingj elected by the nation, on principles of liberty. 



190 ^ CHAPTER [169© 

General Codrington compelled the French inhabitants 
of St. Kitts to surrender, and forced eighteen hundred 
of them to seek refuge in Martinique and Hispaniola. 

The ministers found themselves in a perplexing 
dilemma : if they condemned Andros' administration, 
the sentence might be drawn into a precedent, and 
they might seem to encourage rebellion and insurrection 
in future periods, when circumstances did not render so 
desperate an expedient necessary. On the other hand, 
if they should approve of his administration, and cen- 
sure the conduct of the colonists, it would imply a re- 
probation of the very measure, which had been pursued 
in bringing about the revolution in England. It was, 
therefore, considered prudent to dismiss the business, 
without coming to a formal decision : the people were 
accordingly left in the enjoyment of their freedom, and 
Sir Edmund, in public estimation guilty, escaptd cen- 
sure. Shortly after, he succeeded lord Effingham, in 
the government of Virginia, in which his conduct ap- 
pears to have been correct. 

While Louis XIV., in his attempt to support king 
James, kindled the flames of war in Europe, the count 
of Frontenac, his governor in Canada, spurred on the 
Indians to aid him in annoying the English in iVmerica. 
On the 29th of June, a party of Indians came to the 
town of Sorell, in the province of New Hampshire, and 
killed or captured about fifty persons. Soon after, 
they routed the garrison at Oyster river, where they slew 
more than twenty of the inhabitants. On the 28th of 
August, they took the fort at Pemaquid, and committed 
great depredations in the province of Maine. In the 
mean time, a host of privateers sailed out of Acadia, 
captured a number of English vessels, and kept the 



1690] THE TENTH. 191 

sea- coast in constant alarm. Nor were these excursions 
stopped by the severity of the weather. On the 8th of 
February, 1690, the enemy fell on, and committed great 
slaughter in, Schenectady, on the Mohawk river. On 
the 18th of March, another party made an attack on 
Salmon fails, a settlement on the river which divides the 
province of New Hampshire from (hat of Maine. They 
slew thirty, and carried away fifty-four of the inhabi- 
tants into captivity, setting fire to the houses and mills ; 
and in May, another party destro}'cd the settlements at 
Casco. 

The general court of Massachusetts now determined 
to retaliate, and make an attempt on Port Royal. Un- 
der the command of Sir William Phips, eight vessels 
were accordingly fitted out, and he sailed with seven or 
eight hundred men, on the 28th of April : the fort of 
Port Royal, being incapable of resisting this force, sur- 
rendered with little or no resistance, and Sir William 
possessed himself of all the coast from Port Royal to 
the settlements of New England, and was induced by 
this success to attempt the reduction of Canada. Two 
thousand men were to march up the lakes, and thence 
to Montreal, while a fleet was attacking Quebec. Thir- 
teen sail were collected, the largest of which was a 44 
gun ship. They sailed from Nantasket on the 9th of 
August. Success did not attend the attempt. The 
army which was to proceed up the country not being 
provided with batteaux and provisions, retreated with- 
out crossing the lakes. The fleet was early discovered 
in the river, and was not before Quebec till the 5th of 
October. Three days after, all the effective men, about 
twelve hundred in number, were landed, but re-embark- 
ed on the 11th, without success. The extreme cold 



192 CHAPTER [1^0 

and tempestuous weather compelled Sir William to 

retreat. ' 

So fond were the hopes of success at Boston, that 
the general court had not made any provision for the 
payment of the troops, imagining the capture of Que- 
bet would have rendered such a provision useless. The 
clamours of the disbanded soldiery rose so high, that 
an insurrection was dreaded. In this extremity, an 
emission of paper money was resorted to. It was the 
first that was issued in the American colonies. 

A great number of French refuL'^ees were this year 
sent, at the king's expense, to the province of Virginia, 
and setded themselves on James river ; others purchas- 
ed land from the proprietors of Carolina, and settled 
on Pamplico and Santee rivers. 

Doctor Cox, to whom the title of Sir Robert Heath, 
under the patent of the year 1629, to Carolana, had 
passed through several conveyances, laid a memorial 
before king William, in which he represented the great 
expense he had been at, in discovering and settling 
Carolina; but his claim, though, as it is said, incontesti- 
bly proven, was disregarded. His son, Daniel Cox, 
who had resided fourteen years in the country, maintain- 
ed his father's claim, and pubUshed a full account of it. 

Seth Stothel, countenanced by a powerful faction, in 
the southern part of Carolina, and presuming on his 
authority, as one of the lords proprietors, made his ap- 
pearance in Charleston, and seized the reins of govern- 
ment. His popularity and power were of short dura- 
tion. The assembly, two years after, compelled him 
to abjure the county, and government. The lords pro- 
prietors, says Hewit, dissented from all the laws passed 
during his government. 



1692] THE TENTH. 193 

The settlement at New Providence, in the Bahama 
islands, being already considerable, a regular ajovern- 
ment was established there, by the lords proprietors of 
Carolina, and Cadwallader Jones was sent as governor. 

The island of St. Kitts was, this year, reconquered 
from the French, by the English, under colonel Cod- 
rington, and the white male inhabitants, amounting to 
about eighteen hundred, were sent, with their women 
and children, to Hispaniola and Martinico. 

On the 25th of January, in the following year, the 
town of York was destroyed ; fifty of the inhabitants 
killed, and one hundred of them made prisoners. The 
province of New Hampshire suffered so much by the 
incursions of the French and Indians, that it was on 
the eve of being abandoned. 

On the 14th of May, 1692, Sir William Phips 'ar- 
rived at Boston, with the new charter of the province, 
and a commission, constituting him governor of Mas- 
sachusetts, and captain general of the colonies of Con- 
necticut and Rhode Island. In the latter colonv, he 
vainly attem.pted to exercise his authority. The pro- 
vince, designated by the old charter, contained the 
whole of the old colonv of Massachusetts, that of Plv- 
mouth, the provinces of Maine and New Hampshire, and 
all the country between these provinces as far north as the 
river St. Lawrence. The new charter did not secure 
to the colonists all the privileges, which they had en- 
joyed under the old. The legislature endeavored to 
.make amends for this, by an act in the nature of a bill 
©frights, or magna charter; but it was disallowed by 
the king. 

The provinces of Rhode Island and Connecticut were 
left in the enjoyment of their first charter. 

N, CARO. 25 



194 CHAPTER [T69S 

Sir Williatn Phips, according to his instructions ^ 
proceeded to Pemaquid, where he built a fortress, on 
a larger scale, and superior in the execution of the work, 
to any hitherto constructed by the English in America. 
It was named fort William Henry. 

A patent was this year laid before the legislature of 
Virginia, for establishing a general post-office in Virgin 
nia, an act was passed to give it effect ; but such was 
the dispersed situation of the planters, that the project 
failed in its execution. 

Governor Ludweii being sent by the lords proprie- 
torii to take the command of the southern part of the 
province, l«is authority devolved on Alexander Lilling- 
ton, and, on the succeeding year, on Thomas Harvej^ 
as deputy governor. 

The Indians in the southern part of Carolina were 
now at war between themselves, and governor Lu dwell 
adopted, as a mean of security for the whites, the plan 
of setting one tribe against the other. Besides securing 
the friendship of some tribes, which he employed to 
Garry on war against the others, he encouraged all to 
bring captives to Charleston, for the purpose of trans- 
portation to the West Indies. This year, twenty Che- 
rokee chiefs came in, v/ith proposals of friendship, soli*^ 
eiting the assistance of government against the Esau 
and Coosaw tribes, who had taken some of their people 
prisoners. They complained at the same time of the 
outrages of the Savanna tribe, who, contrary to former 
regulations established among themselves, had sold 
some of their countrymen ; and begijjed the governor 
to return the captives, and protect them against such 
insiduous enemies. The governor declared his inten- 
tion to live in peace and friendship with the Cherokees, 



1693] . THE TENTH. 19S 

and to do every thing in his power for their protection 
and defence. The prisoners, he observed, had already- 
been shipped away to the West Indies, and could not 
be recalled, but he engaged to take care for the future, 
and that a stop should be put to I he custom of sending 
them out of the countrv. 

Both parts of the province were still ift a confused 
state. After the fairest trial, the form of government, 
proposed by John Locke, proved totally unfit for the 
wants and state of the province ; the people declared to 
the lords proprietors, they would rather be governed by 
the powers granted, without regard to the fundamental 
constitutions, and the lords proprietors granted their 
request. Thus, says Chalmers, at the end of twenty- 
three years, perished the labour of Mr. Locke. Then 
was abrogated, at the entreaty of the Carolinians, who 
had scarcely known one day of enjoyment^ a system of 
laws, which had been intended to remain ever sacred ; 
which far from having answered their end, introduced 
only disputes, faction, and disorder, that were ended by 
the dissolution of the proprietors' government. The 
Carohnian annals show to all projectors the vanity of at- 
tempting to make laws for a people, whose will, pro- 
ceeding from true principles, must be forever the 

supreme law. 

A dreadful storm was this year experienced in Vir- 
ginia, and the northern part of Carolina. "It seemed 
to revtrse the order of nature." — It stopped some 
rivers, and, for others, it opened channels, that were 
ever navigable. 

The kin.c: and queen assumed the government of the 
province of Pennsylvania in their own hands, and Ben- 
jamin Fletcher was appointed governor of this province, 



i9S CHAPTER [16M 

ts well as that of New- York; The personal friendship 
of Penn for king James, and an intimacy at court du- 
ring his reign, rendered him suspected of disaffection to 
the present government. In the following year, he was 
permitted to resume the government of his province, 
and he sent over William Markham. 

The French took fort Nelson, in Hudson's bay, and 
placed in it a garrison of sixty-ei^ht Canadians, and six 
Indians. They named it fort Bourbon. 

In the month of January, 1693, Sir Francis Wheeler 
sailed from Dartmouth, with three men of war, and some 
land forces, under the orders of colonel Foulkes. He 
reached the island of Barbadoes on the 4ih of March, 
where preparations were made for an attack on Mar- 
tinique. The flret arrived before this island on the first 
of April, the troops landed at Cul de sac marin, and de- 
stroyed the plantations in that quarter, among which 
were several fine ones. The troops landed a few days 
after at Diamond's point, where they laid the country- 
waste. The fleet proceeded to the neighborhood of 
fort Royal, and fort St. Pierre, when they had several 
skirmishes with the inhabitants, and sat fire to several 
houbes and plantations. On the 23d, the fleet set sail 
for the island of Dominico, when it was determined 
to attack that of Guadeloupe ; but a malignant dis- 
ease, pervading the fleet, induced Sir Francis lo make 
the best of his way for Boston. So terrible was the 
contagion, that before he reached the continent, he had 
lost thirteen hundred, out of twenty-one hundred, 
sailors, and eighteen hundred, out of twenty-four hun- 
dred, soldiers. He entered the port of Boston on the 
12th of June, and endeavoured to prevail on governor 
Phips to raise men for the reduction of Canada, Tliis 



1695J THE TENTH. 197 

could nor be effected, and the fleet sailed for New- 
foundland, where Sir Francis landed, and destroyed the 
settlement or St. Pierre de Miquelon. 

Some Englishmen, with their families, removed to 
the Virgin islands, where they made considerable im- 
provements: their wants were few, and their govern- 
ment simple, and without expense. Tiieir judicial 
powers were exercised by the governor, and by a 
council chosen among themselves. There were no 
taxes: money, when wanted for public purposes, was 
raised by voluntary contributions. Under such cir- 
cumstances, it could not be expected that the colony 
would rise to much importance. 

Dissentions and disorder still prevailing in Carolina, 
the proprietors, anxious to prevent the destruction and 
ruin of their settlement, resolved to send one of their 
own number, with full power to redress grievances, 
and settle duTerences in the colony. Lord Ashley, the 
celebrated author of the **Characteri sties," was chosen, 
but soon after declined the mission. The second choice 
of the proprietors fell on John Archdale, a Quaker, and 
a man of considerable knowledge and discretion. He 
reached the northern settlement of Carolina in the sum- 
mer, and assumed the government of the whole province. 
The planters received him with universal joy, and pri- 
vate animosities and civil discord seemed awhile bu- 
ried in oblivion. The le^iislature was called, and go- 
vernor Arclidale, by the discreet use of his extensive 
powers, settled almost every matter of general concern, 
to the satisfaction of the colonists. The price of land, 
and the forms of conveyance, were settled by law. 
Three years rent was remitted to those who held land 
by grant, and four to such as held them by survey, and 



198 CHAPTER [1695 

not by grant. Such lands, as had escheated to the lords 
proprietors, were ordered to be let out or sold* It was 
agreed to take the arrears of great tracts either in money 
or commodities, as should be most convenient to the 
planters. Magistrates were appointed, for trying all 
causes, and determining all differences, between the 
settlers and the Indians. Public roads were ordered to 
be made, and water passages to be cut, for the more 
easy conveyance of produce to the market. Some for- 
mer laws were altered; and such new statutes were 
made, as the good government and peace of the colony 
appeared to require. Public affairs assumed an agreea- 
ble aspect, and excited just hopes of the future progress 
and prosperity of the settlement. 

Governor Archdale, in the beginning of the new 
year, proceeded to Charleston, where he met the legisla- 
ture of that part of the province, in the month of March. 

The planting of rict was introduced about this time, 
in Carolina. A brig from Madagascar, on her way to 
England, came to anchor off Sullivan's island: — 
Thomas Smith, a landgrave, going on board, received 
from the captain a bag of seed rice, with information of 
its culture in the east, its suitableness for food, and its 
incredible increase. The landgrave divided the seed 
among his friends, and an experiment being made in 
different soils, the success surpassed the expectation 
the captain of the brig had excited, and from this small 
beginning, arose the staple commodity of Carolina, 
which soon became the chief support of the colony, and 
the great source of its opulence. 

This year, George, lord Carteret, died, and was suc- 
ceeded by his son, John, then five years of age, who, in 



16961 THE TENTH. 199 

1744, succeeded, on his mother's death, to the title of 
viscount and earl Granville. His mother, Grace Car- 
teret, was dau^^hter to the late earl of Bath. She was 
(Dec. 17, 1714) created countess Granville, viscount- 
ess Carteret. ^ 

In the year 1695, king William granted a char- 
ter to the Scots, African and Indian Company, au- 
thorizing them to plant and maintain colonies, in any 
part of Asia, Africa and America, not the property of 
such European powers as were at amity with his majesty: 
with an exemption for twenty -one years from all du- 
ties on the produce of such plantations. They were 
not only empowered to defend their colonies and trade 
by force of arms, but had the promise of the royal au- 
thority to do them right, if they were disturbed, at the 
public expense. 

In the beginning of 1696, a fleet of seven men of war, 
and twelve transports, sailed from Plymouth, under the 
orders of Herbert Wolcott, for St. Kitts, from whence 
they proceeded to Hispaniola, in the hope of obtaining 
aid from the Spanish governor tl ere, to attack the 
French. This being aff*orded, the allied powers pre- 
pared for battle, but such a misunderstanding prevailed 
among the officers of the two nations, that nothing could 
be effected. Disease made great havoc among the En- 
glish forces, and the commodore fell a victim to it, and 
the number of sailors was so niuch reduced, that on the 
return, one of the ships was left at cape Florida, for want 
of hands to work her. 

The French, in the following year, attacked and pos- 
sessed themselves of Fort Prince William, at Pcma- 
quid, and destroyed all the English settlements in Nova 
Scotia, excepting those of St, Johns, Bonavistaand Car- 



^200 CHAPTER. tl696- 

boniere harbor, and the English re-took Fort Bourbon 
(Nelson,) in Hudson bay. 

The small pox raged among the Pamplico Indians, 
and considerably reduced that tribe. 

In the latter part of this year, governor Archdalc 
returned home, leaving the administration of the north- 
ern part of the province, in the hands of Thomas Harvey, 
as deputy governor. 

This year was established, in England, the board of 
the lord's commissioners of trade and plantations, the 
affairs of the colonies being at this time, too considera- 
ble and important to be managed, as part of the concerns 
of any of the departments. Wit^ this board, the go- 
vernors of the colonies were directed to hold a constant 
correspondence, and to transmit to it, the journals of 
their comicils and assemblies, the accounts of the collec- 
tor of the customs and naval officers. 

Parliament now laid additional restrictions on the 
trade of the colonists. By the statute 7 and 8, W. and 
M. c. 22, it was enacted, that no commodity should, af- 
ter the 28th of March, 1698, be exported to, or im- 
ported from, the plantations, to England, Waltrs or 
Berwick-upon-Tweed, except in vessels built in Eng- 
land, Ireland or tiie plantations, owned by the king's 
subjects, and navigated by a master and crew, three- 
fourths of whom, at least, should bi- British subjects; an 
exception was made in iavor of prize vessels. The 
execution of the revenue laws was enforced by very se^ 
vere penalties. Persons, charged with ai\y offence 
against them, were made liable to be tried in any part of 
the colonies, in which the officer or informer might 
allege it to have been committed i and they were depriv- 
ed of a trial de medietate iinguce. Commodities of 



1696] ' THE TENTH. 2QI 

the s^roTvth and produce of the plantations, were forbid- 
den to be landed in Ireland or Scotland, till after they 
had been landed, and the duties thereon paid in England, 
Wales or Berwick-upon-Tweed. The appointments of 
the governors of the proprietary provinces were re-^P" 
quired to be proposed to, and approved by the king ; 
and the proprietors of these provinces were forbidden 
from selling land to any but the king's natural born 
subjects of England, Ireland, Wales, or Berwick-upon- 
Twxed, without the king's license. The governors, in 
every colony, were specially charged to see the revenue 
laws carried into complete operation ; all laws, customs 
and usages, in practice in any of the plantations, were 
declared to be void and of no effect. Juries were re- 
quired to be composed of natural born subjects of Eng- 
land, Ireland, or the plantations, and the informer, or 
prosecutor, was permitted to allege the offence to have 
been committed in any colony, province, county, pre- 
cinct or district, in the plantations. 

Although no design, on the part of the ministry, of 
taxing any of the colonies, at so early a period as this, can 
be ascertained, about this time a pamphlet was pub- ^ 

lished in England, recommending a parliamentary tax ^^ 
on one of them. This pamphlet was answered by two 
others, which totally denied the power of taxing the col- 
onies, because they had no representatives in parliament 
to give consent. 

Preparations being made in France, for sending a coL 
ony to the Mississippi, the king of Spain sent don An- 
dres de Ariola, to Pensacola, as first governor of the 
province. Don Andres built a fort, with four bastions ; 
he gave it the name of St. Charles, and erected a 
church and a few hovels. 

N, CARD. 26 




m. CHAPTER [169? 

Early in the following year, a French fleet, under 
commodore de Pointiz, plundered Carthagena, de- 
stroved its forts, and carried off eight millions ot crowns. 
A little before his landing, ti e people of fashion, and 
the ecclesiastics of both sexes, had retired into the 
country, with one hundred mules, lad^n with treasure. 

On t'«e 17th of April, vice admiral N(-vil arrived at 
Barbadoes, wi>h a ftect of En.^lish and Dutch men of 
war; 'hev were in quest of Pointiz, and Fell in with him, 
but he escaped them. The fleet cast anchor at Cartha- 
gena, which had hufftTed so much from the visit of the 
French, that the inhabitants seriously spoke of abandon- 
ing it. From thence, the fl.eet proceeded to Hispaniola, 
Rear admiral Muse was sent wnh a small party to Petit 
Goave, which he surprised. The inhabitants flew into 
the woods, and the soldiers began to pillage the town, 
but soon grew intoxicated and set fire to it. The rear 
admiral having joined the fleet, they proceeded t» 
Jamaica, in order to take the king's ships that were there, 
and proceed to Havana, in order to meet and convey 
the galleons home. The governor refused to allow the 
fleet to enter the port, even to permit them the purchase 
of some provisions they were in want of; and the gene- 
ral of the marines sent word to vice admiral Nevil, that 
his orders did not allow him to avail himself of the offer 
to convey the galleons. Rear admiral Muse and a num- 
ber of English captains fell victims to the diseases of 
the climate. The fleet proceeded to Virginia, where 
the vice admiral paid the last debt of nature ; and Tho- 
mas Dicks, the only commander who survived, took the 
command, and conveyed hence the merchant ships that 
5ay before Jamestown. 



1697] THE TENTH. gOS 

On the 28th of September, peace was concluded 
between England and France. Louis XIV. acknow- 
ledged William III. king of England, and engaged not 
to trouble him, either directly or indirectly, in the enjoy- 
ment oi hib three kingdoms, nor to favor in any dtgree^ 
any person that might pretend to have any claim thereto. 
Mutual rcbtitution was agreed to be madt^, of II coun- 
tries, forts and colonies, taken by each party during the 
war. 



Chalmers — History of South Carolina — Marshall 



\ 



CHAPTER XL 

The peace of Riswick was scarcely published in 
America, before a misunderstaading l^egaii to manifest 
itself between the agents of both powers in the tiew 
world. The French claimed the exclusive propt^rty of 
the fisheries, and of every part of the country to the east- 
ward of Kennebeck. The English lay claim to all the 
country westward of St. Croix, as being within the 
bounds of the province of Massachusetts. Governor 
Villebon of Acadia informed lieutenant governor 
Slaughter of Massachusetts, that he was instructed to 
consider Kennebedc river, from its source to the sea, 
as the boundary between the two nations. 

On the 25th of January, 1699, d'Iberville, ^with 
two frigates and two transports,) sent by Louis XIV. to 
begin the settlement of Louisiana, arrived on the coast 
of Florida, and built a fort in the bay of Biloxi, between 
that of Mobile and the Mississippi : this was the first 
permanent establishment of the French on the gulf of 
Mexico : it continued, with steady but slow improve- 
ment, till the cession of the country to the Spaniards, 
seventy years after. 

King William having, in the year 1695, at the request 
of the parliament of Scotland, incorporated a company in 
that kingdom, to trade to Africa and the East and West 
Indies, they projected a settlement at Darien ; three ships 



1699] ~ CHAPTER. 20d 

and two tenders; with about twelve hundred colonists, 
sailed irom the Frith, in Scotland ; they landed on the 
continent, within a league of an island now knov/n as 
St. Catherine's island, treated with the natives, and with 
their leave, on the fourth of November, took possession 
of a tract of the country never before possessed bv any 
European power, where they built a fort, and be2:an to 
lay the foundation of a town, to be called New Edinbur^^, 
and they named the settlement Caledonia. It lav near 
Panama and had Portobeilo on one side, and Carthao^ena 
on the oti^ei . This situation, while it excited in Scotland 
the most sanguine hopes of treasures of gold, gready 
alarmed the Spaniards a.id tne French, and Louis XIV. 
offered to Charlts 11. a fleet to de-.trov the Scots. Both 
nations complained to king William, who too readily 
hearkened to their representations. Accordingly, the 
next spring, Sir William Bereton, governor of Jamaica, 
issued hii proclamation, imnoriing, that the king, con- 
siderins: the settlement of Darien as a vicjlation of his 
treaties with his allies, all the king's subjects were for- 
bidden to hold any correspondence with the Scots at 
Caledonia, or to give them any assistance. The go- 
vernors of Barbadoes, New- York and Massachusetts, 
issued similar proclamations, and the settlement was 
abandoned. 

The administration of the government of the northern 
part of Carolina devolved on Henderson Walker, by 
the death of Thomas Harvey, in 1699, and a material 
alteration took place in the judiciary. Hitherto, the 
general court had been holden by the chief magistrate, 
the deputies of the lords proprietors, and two assistants : 
a commission was now issued, appointing five persons 
justices of the supreme court, two of whom were ot the 



206 CHAPTER [1«99 

quorum, the presence of one of whom was necessary 
for constituting the court. 

Government being informed, that captain Kidd, who 
had fitted out an armed vessel, called the Adventure 
Gaily, and had obtained a commission, authorizing him 
to capture pirates and seize their vessels and goods, ex- 
ercised notorious piracies, rear admiral Benlow had par- 
ticular orders to look for him, and seize him and his 
crew, with his vessel and goods, in order that an ex- 
ample might be made. The history of this man was 
this : a number of confederated pirates, mostly English, 
infesting the East India scas» and having taken a ship of 
the great mogul, die company communicated to govern- 
ment their apprehensions, that this prince might grant 
letters of reprisals to his subjects, and it was determined 
to destroy these pirates, who took shelter in hidden 
creeks in the island of Madagascar. A ship was ac- 
cordingly fitted out, and the command of her given to 
Kidd, who knew the retreats of the pirates, and was 
supposed in all respects to be well qualified to attack 
them. Government appropriated, however, no fund 
for his armament ; the king proposed to interest in it 
such individuals as might be wilUng to supply the means; 
he offered to subscribe three hundred pounds himself, 
and charged his ministers to look for adventurers. 
Lord Somers, the earls of Oxford, Romney and Bella- 
mont and others, furnished, however, all the funds ; the 
king having found the means of avoiding to take any in- 
terest, by making an abandonment of the proceeds of all 
captures to the adventurers. 

Kidd sailed, and news reached England some time 
after, that, instead of pursuing the pirates, he was himself 
engaged in piratical pursuits, committing great depreda- 



1699] THE ELEVENTH. 207 

tions in the West Indies, and alon^ the coast of the con- 
tinent. The ministers, and lord Somers principally, 
were highly blamed, and it was maliciously insinuated, 
that Kidd would not have dared to engage in thcbc pira- 
cies, if he had not depended on the protection of those, 
who had supplied the means for the expedition. 

Rear admiral Benlow proceeded to Carthagena, with 
four men of war, where he compelled the governor to 
release several merchantmen, which the Spaniards had 
taken, on account of the settlement made by the Scotch 
at Darien. The rear admiral, having anchored at Ja- 
maica, was pressed by the governor and merchants to 
requi-e from the Spanish admiral, some reparation for 
the injuries the commerce of the king's subjects had of 
late sustained in the West Indies, by frequent captures^ 
For this purpose, he proceeded to Portobello : the 
Spanish admiral found an excuse for the excesses of his 
countrymen, in confounding the interest of the English 
with that of the Scotch. No satisfaction could be ob- 
tained. The rear admiral returned to Jamaica, where 
hearing that Kidd had lately been seen in those seas, he 
went in quest of him. In his cruize, he anchored at St. 
Thomas, to expostulate with the Danish governor, who 
was said to afford shelter to Kidd, and other pirates who 
infested the sea : he received a very unsatisfactory an- 
swer ; but as he had no order to proceed to extremities, 
he was compelled to dissimulate. He next proceeded 
to New- York, where he was informed, that the earl of 
Bellamond, governor of that province, had sent Kidd to 
England, with a considerable part of his booty. At- 
tempts were made to induce this man to implicate the 
lords who had procured him the king's commission, 
but however irregular might have been his conduct, he 



•208 CHAPTER ^ [1699 

had honesty enough to refrain from accusing innocent 
persons : he was tried at tiie old bailey, with several of 
his accomplices, convicted, executed, and hung in 
chains. 

Dr. Cox, of New Jersey, proprietor of the province 
of Carolana, fitted out two ships, provided with twenty 
great guns, sixteen patereros, abundance of small arms, 
ammunition, stores and provisions of all sorts, not only 
for the use of those on board, and for discovery by sea, 
but also for building a fortification and settling a colony ; 
there being, in both vessels, besides sailors and 
common men, above thirty Eni^lish and French volun- 
teers, **some noblemen and all gentlemen." One ship 
entered the Mississippi, and meeting a party of French- 
men, by whom they were pursued, the people on board 
were persuaded that they had mistaken the stream they 
were on, for the Mississippi : they returned to sea. 
The place in which they met the French was, from this 
circumstance, called the English Turn. 

The attention of the colonists, in some of the north- 
ern provinces, had been drawn to the raising of wool, 
and the manufacture of some coarse kinds of cloth : this 
sign of incipient prosperity was noticed in England with 
a jealous eye ; and with a view to depress the enterpri- 
sing spirit of the colonists, which tended not only to free 
them from their dependence on the manufactures of 
England, but to enable them, in course of time, to rival 
those in the West India market, and in order to compel 
the shipment of a greater quantity of the wool raised in 
America to the mother country, a statute was now 
passed (10 & 11 of W. &: M. 3) prohibiting the trans- 
portation of wool, or any article manufactured out of 



1699] THE ELEVENTH. 209 

wool, from one of the American provinces to another, 
by land or water. These instructions were guanled by 
very severe penalties, made recoverable in the courts of 
Westminster ; and the governors were strictly charged 
to prevent the statute being eluded. By this mean, the 
industry of the colonists was confined to very narrov/ 
limits, and was prevented from extending beyond the 
manufacture of such coarse household goods, as a family 
might make for its own use, or that of some of its 
neighbors in the same province. 

Complaints being made by the court of France, of 
irruptions by the Indians in alliance with England, on 
the back settlements of the French in Canada, orders 
were despatched to lord Bellamont, governor of New- 
York, to forbid any act of hostility against the French in 
Canada, and to prevent the recurrence of the circum- 
stances, which had caused the complaints of the court of 
France, that the Indians of the five nations should be 
disarmed, as far as he and the governor of Canada should 
deem proper, and his lordship was directed to live in 
good understanding with the French, till the commis- 
sioners, appointed under the treaty of Riswick, should 
agree on measures that would ensure a continuance of 
peace. 

On the 21st of December, 1699, the board of trade 
reported to the king, that his attorney-general, upon the 
perusal of letters patent and conveyances, produced to 
him by doctor Coxe, had given it as his opinion, that 
the doctor had a good title to the province of Carolana, 
extending from the 31st to the 36th degree of north 
latitude, inclusive, on the continent of America, and 
several adjacent islands. 

N. CARO. 27 



^10 CHAPTER [nO« 

By this report, the king and his council unanimously 
agreed, that the doctor's design of settling his province, 
should be speedily encouraged and promoted. 

His majesty told the doctor's son, he would leap over 
twenty stumbling blocks, rather than not to effect an 
English settlement on the Mississippi, and assured him, 
that he not only would receive public encouragement, 
but that six or eight hundred French refugees, or Van- 
dois, would be transported there, at the expense of the 
crown, to join such of his subjects as could be induced 
to remove and begin a settlement thither. 

Lord Lonsdale, the lord privy seal, was among the 
most distinguished patrons of this undertaking ; he of- 
fered to assist the design with two thousand pounds 
sterling, or a ship of two hundred tons, with one hun- 
dred persons, of whatever trade or employment might 
be thought most convenient, and to provide them with 
provisions and necessary tools and instruments of agri- 
culture, for one year. The death of this nobleman soon 
after, and that of his sovereign within a short period, 
put an end to the hopes of the doctor. 

The coast of the continent, particularly that of Caro- 
lina, continued to be infested with pirates, wiio commit- 
ted great depredations; several vessels belonging t« 
Charleston were taken, and kept as prizes, and the crews 
sent ashore. A ship had been fitted out at the Havana^ 
to cruise on the coast of Carolina, the crew of which 
was composed of Englishmen, Frenchmen, Portuguese 
and Indians ; after a successful course of piracy, the 
motley crew quarrelled about the division of their booty, 
and the Englishmen, nine in number, being the weakest 
part of the crew, were turned adrift in the long-boat; 
they landed on Sewel bay, and proceeding thence to 



1700] THE ELEVENTH. 211 

Charleston, were recognized by the master of a ship 
which they had captured, and were taken up, tried 
and executed. 

With a view to purine the sea of these marauders, par- 
liament passed a statute (11 and 12 W. III. c. 7) au- 
thorizing commissioners appointed by the king, exclu- 
sively to take coiJ:nizance of piracies in proprietary go- 
vernmeiits in America: a forfeiture of the charter was 
denounced, in all cases in which the governors should 
refuse their aid to the commissioners. By a statute of 
the same year, (c. 12,) governors of the colonies, guilty 
of oppression or any offence against the laws, within 
their own (j:overnment, were directed to be tried in the 

'.0 ' 

court oi ki ig's bench, in England, or before commis^ 
sioner.-: appointed by the king in any county in it. 

in \Tjt month oi' January, the Rev. Mr. Blair, a minis- 
ter of the church of England, was sent by lord Wey- 
mouth as an itinerant missionarv, to reside in the north- 
ern part of the province of Carolina : his lordship allow- 
ed hmi a s-ilary of one hundred pounds a year, and he 
is the first settled minister of whom an account has been 
preserved. He entered on the duties of his mission 
with great diligence ; but the people were settled on so 
distant plantations along the rivers, that he was obliged to 
be continually travelling from place to place, which 
could not possibly be done without a guide, on account 
of the badness of the roads, the difficulty of finding the 
wav, and the vast wilderness between the plantations, 
many of which were at the distance of forty miles from 
each other ; the whole population not exceeding, at this 
time, five thousand souls, and the inhabited part of the 
country was about one hundred mil s square. He was 
very useful in reviving a sense of religion among the 



212 CHAPTER [1701 

people, and during his st^y an act of assembly was 
passed for building three churches. He found the labor 
of continual travelling, during the extreme heat of the 
summer, and the alternate and rapid vicissitudes of cold 
and heat during the remainder of the year, beyond his 
strength of body : he attempted to fix his residence in 
one of the middle precincts, and offered to officiate to 
those who would come to him, but the people were dis- 
satisfied with this, and complained that he acted contrary 
to the wishes of lord Weymouth, who intended his 
charity for the whole colony. At leitgth, he found it so 
difficult to give satisfaction, and to endure the hardships 
of his situation, that he returned to England, quite sunk 
\yith poverty and sickness. 

This year, a society for propagating the gospel in 
foreign parts, was formed in England, and received the 
king's charter. 

On the 16th of November, king James died. Louis 
XIV. gave to his son (since called the pretender) the 
title and honors of king of England. This was a tacit 
engagement to support this prince, in violation of one 
of the articles of the treaty of Riswick, King William 
became exasperated at it, and considered the conduct of 
Louis as a provocation to war. It must, however, be 
admitted, that the English monarch had not waited for 
this event to declare himself against France. In the be- 
ginning of the year, negotiations had been commenced 
between him, the emperor, and the States General, and 
had been concluded and signed a very few days before 
the death of James. 

A. rupture having taken place between England and 
Spain, governor Moore, of the southern part of Caro- 
lina, proposed to the legislature to undertake an expedi- 



1702] THE ELEVENTH. 213 

tion a«'ainst the Spanish settlement at St. Augustine. 
The proposition was acceded to, and about nine thou- 
sand dollars were voted for the expense attending it : 
six hundred militia were raised, and an equal number of 
Indians engaged, and vessels impressed. The forces 
were collected at Port Royal, which was the place of 
general rendezvous, and in the month ol September, the 
governor embarked with part of the forces, with a view 
to block up die harbor, and colonel Robert Daniel, a 
landgrave of the province, proceeded by land with the 
rest, to make a descent on the town. The colonel ar- 
rived, entered and plundered the town, before the vessels 
made their appearance, and the Spaniards seasonably re- 
tired to the castle, with their money and other valuable 
effects. Governor Moore, on his arrival, found it im- 
possible to dislodge the enemy, for want of artillery, 
and despatched the colonel to Jamaica to fetch some : 
in the mean while, two Spanish men of war appearino:, 
the governor raised the siege, and made a hasty retreat 
to Charleston. 

About thirty thousand dollars were due to the troops, 
and the nine thousand voted by the legislature were ex- 
pended. To meet the exigencies of the time, an act of 
assembly was passed, for the emission of paper money. 
In order to sink the bills, a tax was laid on Hquors, skins 
and furs, which it was believed would enable the pro- 
vince to take up all the paper then put in circulation, in 
three years. This was the first instance of a pajx^r cur- 
rency in Carolina, and the second in the English Ame- 
rican provinces. Two years after, a similar emission 
took place in the island of Barbadoes. 

The proprietors of East Jersey and West Jersey, 
finding it dilficult to govern their provinces, to the satis- 



^14 CHAPTER [1702 

faction of the settlers, or their own interest, resigned the 
government of them to the crown : they were erected 
into one royal province, which was called New Jersey, 
and lord Cornbury was appointed the first p;overnor of it. 

On the llih of March, king William died, and was 
succeeded by queen Anne. 

On the demise of the king, the European possessions 
on the northern continent of America, were extended on 
the sea shore over almost all the country they covered at 
the declaration of independence. With the single ex- 
ception of the province of Georgia, all the provinces that 
joined in this instrument, were now occupitd. The 
reader has seen, that besides the pur«?uits of agriculture, 
navigation and commerce, a part of the settlers began to 
seek their livelihood Dv manufactures, and that their sue- 
cess had attracted the attention of the mother country, 
who, alarmed at the rapid advances of the colonists in this 
respect, had sought to check their enterprising spirit by 
parliamentary restrictions : and he must have viewed 
with interest and pleasure, the early development of 
that spirit of liberty and independence, which he will 
observe in the short space of three fourths of a century, 
bursting into a flame. 

The population of the English provinces amounted, 
according to an enumeration made about two years be- 
fore the present period, to two hundn^d and sixty-two 
thousand souls, nearly one half of whom were in that 
part of the continent known under the name of New 
England. 

The French establishment of New France, in Canada 
and Acadia did not contain twenty thousand souls : 
they carried on a very extensive trade with the western 
Indians, from whom they obtained vast quantities of fur. 



1705] THE ELEVENTH. ^ 215 

The settlement of Louisiana, was as yet confined to a 
fort on the bay of Biloxi, and a few scattered plantations 
near it. 

The Spaniards had began to occupy Florida, by other 
improvements than the erection of a few forts along the 
coast, to which they had confined themselves for a cen- 
tury, after their first occupation of the country ; the 
settlements at St. Augustine and Pensacola, which at 
this day constitute almost the only portions of Florida 
as yet improved, were formed. Under the guns of the 
castle of St. Augustine, a small town had reared itself, a 
circumstance which evinces that some little attention 
was paid to agriculture in the neighboring waste. 

The colony of Bermuda was in a flourishing con- 
dition. 

In the West Indies, the French had a population, in 
three several islands, of three thousand whites and forty- 
five thousand blacks. There are no documents, from 
which the number of people in the English West India 
islands, can be ascertained. 

The Spaniards possessed the islands of Cuba, Porto 
Rico, and one half of that of Hispaniola. 

After these nations, no other had settlements in the 
West India islands. 



Chalmers — History of South CaroUna'-^MarshalL 



CHAPTER XII. 

One of the first acts of queen Anne's reign was a 
*JecIaration of war against France and Spain: it 
took place on the 11th of May, 1702. The preamhle 
of this instrument begins by a reference to the 
usurpations and encroachments of Louis XIV., who 
is stated to have taken and kept possession of a 
great part of the Spanish dominions, exercising an 
absohite power in that monarchy , having seized 
Milan and the Spanish Netherlands by his arms, 
and made himself master of Cadiz, of the entrance 
of the Mediterranean, and of part of the Spanish 
East Indies, by his fleets. It charges the French 
monarch with the design of invading the liberties of 
Europe, and to obstruct the freedom of the naviga- 
tion and commerce of the world. It recites the lale 
treaty of alliance with the empire, the States Gene- 
ral and other powers, in which it is stipulated, that 
if the injuriescomplained of are not redressed within 
a certain time, now elapsed, the parties concerned 
shall assist each other, v*^ith their whole strength; 
and concluding with the real, the last, though not 
the least cause of the war, that the French king, 
instead of giving the satisfaction wdiich he owed, 
had not only proceeded to fresh violences, but had 
added a great affront and indignity to the queen 



1703] THE TWnELPTH. 217 

and her kingdom, by declaring the pretender king 
of Great Britain. 

The Apalachian Indians, excited by the Spaniards 
at St. Augustine, making frequent incursions on the 
western settle nents of Carolina, governor Moore 
marched into the heart of their settlements, and 
laid waste their towns between the rivers Savannah 
and Alabama, and killed or captured several 
hundreds of the enemy. 

Lord Granville was now the palatine of Carolina: 
though the form of constitution framed by Locke 
had for several years been set aside, the office 
of palatine and the dignities of landgrave and 
cacique were preserved as long as the proprietary 
government continued. The palatine, being a 
zealous member of the church of England, exerted 
all his influence to establish on a legal footing the 
worship of that church in the province. xAccording- 
ly, he instructed Sir Nathaniel Johnson, who suc- 
ceeded governor Moore, to promote the passage of 
a law for this purpose. Another reason powerfully 
operated on the mind of Sir Nathaniel: the queen 
had opposed his appointment to the government of 
Carolina, on a suspicion of his entertaining senti- 
ments unfavorable to the revolution, and had given 
at last her assent on condition of his qiialifying him- 
self for the office in the manner required by the 
laws of England, and his giving security, to the 
satisfaction of the lords commissioners of trade and 
plantations, for his faithful observance of the laws 
of trade and navigation, and his obedience to such 
instructions as she might from time to time give him. 
He was directed to appoint a deputy governor 

N. CARO. 28 



nt CHAPTER [nos 

for the northern part of the province : in disposing 
of land, he was instr-jcted to require twenty pounds 
sterling: for every thoUvS^^nd acres, and to make it a 
condition to be inserted in the p^rant, that the pre 
mises should revert to the lords proprietors, if not 
settled within four years; but, the most important 
object recommended to the attention of the new 
governor, was the establishment of the church of 
England in the province. Both parts of it were in 
a deplorable state as to religion; sucli of the inha- 
bitants as were born, or had grown up to manhood, 
in Carolina, were almost utter strangers to any 
public worship of the Deity. Among the first emi- 
grants, some sense of religion had been for a while 
preserved, but the next generation, reared in a 
wilderness in which divine service was hardly ever 
performed, and where private devotions cannot be 
supposed to have been much attended to, were 
rather remarkable for loose, licentious principles, 
and the fundamental principles of the Christian re- 
ligion were often treated with the ridicule and 
contempt of professed infidelity. The population 
of the colony was composed of individuals of dif- 
ferent nations, and consequently of various sects; 
Scotch Presbyterians, Dutch Lutherans, French 
Calvinists, Irish Catholics, Enghsh Churchmen^ 
Quakers and Dissenter*; emigrants from Bermuda 
and the West Indies, which, from their late settle- 
ments, could not be places remarkable for the 
education of young people, in Christianity and 
morality. 

Governor Johnston, assisted by the principal 
officers of the southern part of the province, exerted 



1703] THE TWELFTH. St^ 

his influence with so much success, as to procure 
the eiecuon of a sufficient number of persons, 
dis nosed to forward his views. 

Notwithstinditifi: the great opposition which the 
bill received, it passed into a law. The southern 
part of Carolina was divided into ten parishes, and 
provision was made for the support of ministers, 
thf^i erection oi' chijrches and glebes; and an act 
was passed, requiring members of assembly to con- 
form to the religious worship in the province, ac- 
corling to the church of England, and to receive the 
sacrament of the Lord's supper, according to th« 
rites a! id usages of that church. 

The inhabitants of the county of Colleto!), which 
was cidefly settled by dissenters, sent John Ashe, an 
influential character among them, and the grandsire 
of Samuel Ashe, who was governor in North Carolina 
in 179^', to lay their ^^rievances before the lords 
proprietors. The s^overnor succeeded in prevent- 
ing this gentleman obtaining a passage in any of the 
ships in Charleston: he was compelled to travel by 
land to Virginia, where he embarked. On his way, 
he stopped in the county of Albemarle, where he 
was received with great respect and cordiality, and 
the people, feeling the same interest as his consti- 
tuents in the object of his mission, prevailed on 
Edmund Porter to accompany him, in order to aid 
by the representations of tiie people of the northern 
part of the province, the object which the people 
of Carolina had much at heart. 

The palatine received the emissaries of their 
lordships' vassals in America with considerable cold- 
ness. Unable to effect the object of his mission, 



220 CHAPTER ^170;^ 

hy his representaiiori to the lords proprietors, 
John Ashe, finding lh«i public sentjaif nt in his favor, 
determined on raising it into action, by a candid 
representation of the grievances oi his eonstituf nts; 
but death prevented the intended appeal. Hi* 
papers fell into -he hands of those wtio had an inte- 
rest to suppress the expression of hs sentiments* 
Bent upon carrying the palatine's views into exe- 
cution, governor Johnson overcame every obstacle 
in his way, A corporation, composed of twentj 
individuals, was instituted, with power to e ercis« 
high ecclesiastical jurisdiction. Authority wa8 
given it, to deprive ministers of their livings, and 
the acts of the legislature, of vviiich John Ashe had 
gone to procure the repeal, were executed whh 
great zeal and rigor. The dissenters were exas- 
perated : a migration to Pennsylvania was spoken 
of, but it was at last determined to send Joseph 
Boon to England, with a petition to the house of 
lords. On the introduction of this petition, the 
house, on the motion of lord Granville, the palatine 
of Carohna heard counsel, al its bar, in behalf of 
the lords proprietors, and after some debate, came 
to a resolution, that the laws complained of were 
founded on falsity in matter of fact, repugnant to the 
laws of England, contrary to the charter of the lords 
proprietor^, an enc ouragement to at heism and irre - 
ligion, destructive to trade, and tended to the ruin 
and ^population of the province. The lords next 
addressed the queen, beseeching her to use the 
most effectual means to deliver the province of 
Carolina from the "arbitrary oppression under 
which it lay, and to order the proprietors of it to 



17031 THE TWELFTH. £21 

be pf-osecutecl accordiiio; lo law." The subject was 
referred to t'le lords commishioners of trade and 
plantations, who reported, t^iat the facts stated in 
the petition were true; that the powers granted by 
the charier, had been abused; that the grantees 
h'ld isicurred a forfeiture of it, and recommended 
that process might be ordered to issue accordingly 
against their lordships. The queen's law servants 
were thereupon directed to procnre a writ of quo 
warranto^ and to report what might more effectual I j 
be done, in order that the queen might take the 
government of Carolina into her own iiands. 1 he 
matter was, however, abandoned, and no step was 
taken to annul the charter, or relieve the people. 

The French in Canada began new hostilities on 
the frontier: in the month of July, a body of ^\q 
hundred French and Indians, in various parties, 
attacked all the settlements from Casco to Wells, 
and killed and took one ijundred and thirty people, 
burning and destroying rI! before them. 

Hostilities immediately began in the West Indies. 
Rear admiral Benlow took a Spanish man of war, 
carrying the governor of Ca thagena. In the sum- 
mer, he destroyed a number of French vessels in 
the West Indies, and sent captain Leake to New- 
foundland, where he took or destroyed eleven 
French merchantmen. 

In the month of March following, he attacked 
Guadeloupe, where he burnt several plantations, 
and drove the inhabitants from Basseterre; from 
whence he retired with a considerably booty. 

On the 28th of February, 1704, Hertel de Neu- 
▼ille, at the head of a body of three hundred French 



222 CHAPTER £1704 

and Indians, surprised and burnt the town of Deer- 
field, in Connecticut, slew above forty persons, and 
made one hundred prisoners. 

In the summer, colonel Benchurch sailed from 
Boston- with five hundred and fifty Svddiers, des- 
troyed the towns of Morris and Chebucto, and did 
considerable damage to the French and Indians in 
Penobscot and Passamaquoddy. 

On the 13th of April, president Walker died. 
During his administration, we are informed by the 
stone that co vers his remains, the proviiice enjoyed 
perfect order and tranquility. On hearing of his 
death, Sir Nathaniel Johnson, whose commission 
extended now over the whole province, sent Robert 
Daniel, the officer who had seconded governor 
Moore in the late attack of St. Augustine, to suc- 
ceed president Walker as deputy governor of the 
Dorthern part of Carolina. 

This gentleman had it in charge, to procure the 
establishment of the church of England by legal 
authority. The bill received great opposition, but 
the address of the governor secured its passage. 
The act provided, among other things, for a fine on 
any person holding a place of trust, who should 
neglect to qualify himself, by taking the oath 
required by law. This part of the province was 
now divided into parishes, and provision was made 
for the building of churches, laying out glebes, and 
providing for the maintenance of a clergy. The 
people, not quite so obsequious, as the members of 
the legislature had been, to the pleasure of governor 
Daniel, manifested an immediate intenlion to pre- 
vent the execution of the laws : the Quakers, who 



1704] THE TWELFTH. 223 

composed a considerable part of the population of 
the precincts of Pasquotank and Perquimans, 
evinced a disposition to sacrifice the pacific princi- 
ples of their sect, to the preservation of their rights. 
A union ^vas formed with the dissenters in the 
southern part of the province, in order to convey to 
England their just complaints against such arbitrary 
and oppressive measures. Their petition was intro- 
duced, and strongly supported, in the house of lords, 
and the peers came to a resolution, that the acts of the 
kgislature of Carolina, requiring conformity to the 
church of England, were "founded on falsity, in matter 
of fact, repugnant to the laws of England, contrary to 
the charter of the proprietors, an encouragement to 
atheism and irreligion, detrimental to trade, and tended 
to the depopulation and ruin of the province." Queen 
Anne declared them null and void. 

The American colonies suffering greatly from the 
different value of coin, in the provinces, queen Anne, to 
create a uniformity, in this respect, this year issued a 
proclamation for settling and ascertaining the current 
rates of foreign coin, in her majesty's plantations of 
North America. 

Parliament, this year, relaxed a little the restrictions 
of the navigation act, (15 Ch. II. c. 7,) which forbade 
the importation of any European manufactures to the 
plantations, except from England, and the Irish linens 
were permitted to be shipped from Ireland to the plan- 
tations, in vessels navigated according to law. 34 
Anne, c. 8. 

The importation of naval stores from the plantations 
to England was, at the same time, encouraged by a 



224 e'HAPTER [1706 

bounty on tar, pitch, rosin, turpentine, hemp, masts, 
yards, and bow-sprits. 3 & 4 Anne, c. 10. 

This year was printed the firs: American newspaper: 
it was entitled *'The B >ston New>-Letter." 

The Bishop of London sent Gideon Johnson, as his 
commissary for the province of Carofina. He was 
directed to make Charleston his place of residence. 

Governor Daniel made a treaty of peace, at a general 
meeting of the chiefs of the different tribes of Indians, 
bordering on the settlement of the whites. By an ar- 
ticle of it, inserted at the desire of the Indians, white 
traders w^re forbidden from supplying the Indians with 
rum. This stipulation was not, however, aft'ifrwards 
insisted upon : the young Indians threatened to kill 
the plenipotentiaries, who had proposed it, and they 
were allowed to have rum, when they went to the house 
of an Englishman to buy it. 

The following year, the town of Bath, on Tar river, 
was established, by an act of the legislature, and the 
county of Albemarle was divided ; the southern part be- 
ing erected into a county, called Bath, composed of three 
precincts, Wickham and Pamplico, on Roanoake and 
Tar rivers, and Archdale, on Neuse. 

Sir Nathanit'l Johnston having appointed Thomas 
Cary deputy governor of the northern part of this pro- 
vince, the lords proprietors disapproved of his choice, 
and required that their deputies should from among 
themselves elect a president and commander in chief. 
William Glover was, accordingly, chosen. Cary yielded 
to this measure at first ; but a few weeks after, support- 
ed by the influence of the Quakers, and surrounded by 
a rabble of profligate persons, posiessed himself of the 



1706 J THE TWELFTH. 225 

records of the province, and resumed the reins of 
government. 

Monsieur dc Subercase, governor of Acadia, sent an 
expedition, to chase the English from Newfoundland. 
He was so flir successful, that the trade of the island, 
was almost ruined. 

In the following year, the city of Charleston was in- 
vaded. Monsieur Le Fevre, commanding a French 
frigate, having with him four armed sloops, and eight 
hundred soldiers, appeared off the coast. Governor 
Johnson, w^ho had intelligence of his approach, had taken 
every measure necessary to resist the enemy. The 
alarm was immediately given, and the militia put under 
armSt The enemy hovered all night upon the coast, 
and anchored next mornina: near James Island. He 
employed the day in sounding the south bar, and this 
delay gave the governor time to call to his aid a consi- 
derable part of the militia from the country, ajid a num- 
ber of Indians. The next day, the enemy ]passed over 
the bar, and cast anchor near SuHivan's4^nd. Governor 
Johnson placed some great guns on board of a number 
of ships that were in the harbor, and gave the command 
of this little flotilla to William Rhett, a man of ability 
and spirit. The French commander now sent a flag 
to demand a surrender of the town, but was resolutely 
answered, it would be defended to the last extremity. 
The enemv now landed, and burnt several houses on 
James island and Bearsly creek. Another party went 
to Wando creek, to kill hogs and cattle. The govern- 
or now sent captain Gantry, with an hundred men, to 
watch the motions of these men. He crossed the river 
in the night, coming up with the enemy at break 
of day, and finding them in a state of imagined security, 

N. CARD. 29 



aSli . CHAPTER [1707 

surrounded and surprised them with a sharp fire, which 
completely routed them. A considerable number were 
killed, wounded, or drowned, and the rest were made 
prisoners. 

Rhett, improvins^ this momentary success, advanced 
with six ships upon the enemy, who precipitately 
weighed anchor, and sailed over the bar. 

A few days after, the governor was informed that ii 
ship of war was at Serra bay, and had landed a number 
of men. On this, he ordered captain Fenwick to cross 
the river, with his company, and march against them ; 
while Rhett should sail round, and attack the enemy. 
Captain Fenwick came up with, and charged, the 
enemy, who, after a few vollies, retired to the ship. 
Rhett came soon after to his assistance, and the French 
ship struck, without firing a shot, and the gallant officer 
returned to Charleston, with his prize and ninety pri- 
soners. Of tight hundred men, the French lost three 
hundred, in killed and captured : among the latter was 
Monsieur D* Arb( ussol, the commander of the land 
forces, with several of the sea officers. The loss of the 
Americans was trifling. 

In the following year, lord Granville, the palatine. 
died, and was succeeded by the earl of Craven. 

Since the assumption of government by president 
Carey, an end had been put to the administration of 
justice, and an entire anarchy prevailed. The most 
respectable part of the community adhered to president 
Glover, and with a view to an attempt to put an end 
tx) the disordered state of the colony, it was determined 
to submit to the decision of the general assembly, whe- 
ther president Carey, or president Glover, should 
exercise the supreme power. 



iT07] THE TWELFTH, 2iit 

For this purpose, an election was ordered. In the 
precinct of Chowan, after the writ of election, issued 
by president Glover, was read, by Daniel Halsey, the 
deputy marshal, one Robert Fendall rose, and read a 
similar writ, issued by president Carey. The election 
went on, and five members were chosen. The votes 
were counted, and there appeared ninety-four votes for 
the members chosen, and sixty-five for another ticket. 
The successful candidates were all friends to president 
Glover's pretensions. Edward Moseley, the leader of 
the minority, bitterly complained of unfairness in tlie 
election, and made all the contusion he could. 

On the 11th of October, the assembly met at captain 
Heckelfield'b, on Little river. Nine members came 
from the precinct of Chowan, five of whom were re- 
turned by the deputy marshal as chosen by the majority. 
Robert Fendall returned those, as well as the five 
chosen by Edward Moseley's party, he bein^ one of 
tbem. Of the latter, four only attended; the fifth, 
thinki.ig his election illesjal, staid at home. 

The house bei^an by ordering these nine men out, 
and after some debate, called in Edward Moselc^y's 
party, he beins: one of them, and ordered the other * 
five to be forcibly kept out. They chose Edward 
Moseley speaker, and presented him as such to presi- 
dent Carey and his counciL 

The house consisted only of twenty -six members, 
including the five from C-?owan precinct. Out of the 
twenty -one, eight were Quakers, who knew that presi- 
dent Glover would not suffer them to take their seats, 
without taking the oath: six were from the county of 
Bath, all under the influence of president Carey : two 
«r three, of the remaining seven, were chosen by the 



22» CHAP^fER [nm 

Quakers of Pasquotank precinct. So that the five 
members from Currituck precinct could not make any 
stand: some of them went away- 

m 

Then the mstrument of writing^, or commission from 
the lords proprietors, which John Porter had brought, 
was read, and the house came to a resolution, that the 
act passed during the administration of governor Daniel, 
laying a fine on any person holding a place of trust or 
profit, who should neglect to qualify himself, by taking 
the oath required by law, was by that instrument 
suspended. 

President Carey and president Glover sat in separate 
rooms, with their respective councils; and Robert Da- 
niel, as a landgrave, having a right to a seat in the upper 
house, sat alternatelv with either council. 

President Glover sent a message to the assembly, by 
one of their body, informing them, that to settle the 
government, and to put the queen^s laws into execution, 
it was necessary that the gentlemen returned should 
choose a speaker, qualify themselves according to law, 
and the house should purge itself of all unduly elected 
and unqualified members ; tor a reference had been 
made to the general assembly, not to any number of 
persons, met without authority. He observed, that, it 
was contrary to all law and reason, and in a very great 
degree derogatory to the queen's prerogative, and be- 
traying the trust reposed by the crown in the lords 
proprietors, to submit the administration of the govern- 
ment to any number of men, howsoever chosen and 
delegated, even by the unanimous voice of all the inha- 
bitants of the province, unless they should previously 
acknowledge their allegiance, which both the common 
law and statute required should be done by oath; a for- 



1707] THE TWELFTH. 229 

mality which the queen had imposed, and the lords 
proprietors could not dispense with : for in doing other- 
wise, the government could be surrendered to the dis- 
posal of persons who were traitors to the q\ieen, or 
maintained the rights of the pretended prince of Wales. 
To such an assembly, he said, he would undertake to 
prove, 1. That he was the lawful president of the queen's 
council, and that the execution of the lords JDroprietors' 
commission belonged to him, and to no other person : 

2. That Thomas Carey was not president, nor had been 
lawfully invested, or possessed, with any power of go- 
vernment, since his departure to South Carolina: 

3. That, although the powers of government should be 
extinct in him (Giover) by death, or the command of 
the lords proprietors, Thomas Carey was not qualified 
to be elected to the office of president. 

He added, that if the gentlemen now met assumed to 
themselves the arbitrary power of proceeding in any 
other manner, he, as president of the council, and com- 
mander in chief, charged and commanded all civil and 
military officers, and all the queen's loving subjects, to 
forbear aiding or assisting them, in the execution of such 
arbitrary powers. 

He concluded, that as the assembly had rendered 
them^selves incapable of deciding on the niatter that was 
to have been submitted to them, he protested against all 
they had done, and would do, ijgainst him, or any act of 
his administration: and, because Thomas Carey had 
pubhcly threatened, surreptitiously, without any form of 
law, to take his life, and that of others who had assisted 
him in keeping the peace ; he appealed to the queen, in 
her court, at Westminster, and offirred himself as her 
prisoner, to be sent in chains, if the matter required it, 



rso CHAPTER [1707 

to the governor general of Carolina, in Charleston, and 
thence to England : provided, that Thomas Carey and 
John Porter, who had been the chief causes of the un- 
happy troubles that had distracted the country, should 
bind themselves, with sureties, to prosecute him there. 

The message was returned to president Glover, by 
the member by whom he had sent it, vvh(3 informed him 
he was instructed to say that the house should not 
concern themselves therein. 

The Quakers would show themselves singular, 
coming to the table with their hats on, laying ^heir hands 
on the book, repeating the words of the oat!), using the 
word declare instead of the word swtar, and then having 
their explanation of the sense or mt-aning in which they 
took it entered underneath, they subscribed, with- 
out kissing the book, and declared they took it in that 
sense, and no otf er. 

The society for the propagation of the gospel in fo- 
reign parts, lately established in England, sent over this 
year the reverend Mr. Adams, and the reverend Mr. 
Gordon, to whom thev allowed handsome salaries. 
The former took charge of the two eastern precincts, 
Currituck and Pasquotank; the other had under liis 
pastoral care the two eastern ones, Perquimans and 
Chowan. The act for building three churches, passed 
under the administration of governor Daniel^ had been 
partially carried into execution. Two churches had 
been built : the one in the precinct of Chowan was so 
small, and so inartificially put together, that the inhabi- 
tants talked already of building another. A better one 
had already been built in the precinct of Perquimans ; 
both, however, were very small. The people in the 
precinct of Chowan were very ignorant ; few of them 



1707] THE TWELFTH. 281 

could read, and fewer, even among the better sort, could 
write; yet, most of them were serious and well inclined^ 
and ready to embrace, both in public and in private, 
all opportunities of being instructed. The precinct of 
Perquimans, was chiefly inhabited by Quakers, and Mr. 
Gordon complained, that his flock in that part of the di- 
vision, was ignorant and loose in their morals, and 
unconcerned in religion. 

Mr. Adams gave a better account of his parishioners 
in the precinct of Pasquotank. In their way of living, 
he observed they had much the advantage of the rest of 
the colony, being much more industrious and careful, 
and above all, were to be commended for their order, 
seriousness and decency, during worship. The roads 
in their precinct, were worse than in the western ones ; 
but it was more thickly settled: it contained thirteen 
hundred souls, nine hundred of whom, professed them- 
selves members of the Church of England. The pas- 
tor considered this precinct as the principal branch of 
his division, and made it chiefly his residence. Curri- 
tuck, the other precinct, including the Sound Banks, 
and a portion of the shore on the south side of Albe- 
marle sound, was the least pleasant part of his district: 
it contained eight hundred and thirty-nine souls. The 
weather was damp and cold in winter, and the mos- 
chetos rendered the country extremely unpleasant, in 
summer. 

The clergymen landed, with the belief that they should 
meet with great discouragement in their mission, and 
entered on the execution of its duties with great resolu- 
tion, and received great countenance, from most of the 
persons, in the administration of that kind of govern- 
ment, which existed in the countrv. 



y 



232 . CHAPTER [1708 

In the following year, a considerable number of 
French Huguenots, who had emigrated to Virginia, 
on the repeal of the edict of Nantz, by Louis XIV., 
had settled near the Manakin towns, on James river, 
and came over, headed by Phiilipe de Richebourg, a 
clerg\ man of their profession ; a number of them began 
a settlement on Trent river, near the spot, on which a 
toll bridge was afterwards built on that stream ; the rest 
removed to South Carolina, and formed an establishment 
on Santee river, which was afterwards made a parish, by 
the name of St. James. 

Parliament this year, passed a statute, (6 Anne, 
c. 30,) for enforcing the due execution of the procla- 
mation of the queen, of the 18th of June, 1704, to 
regulate the currency of foreign coin, in the several 
colonies and plantations in America. 

Carey, as receiver of the quit rents, having neglect- 
ed to settle his accounts, the proprietors, by an instru- 
ment of writing, which they sent by John Porter, one of 
their deputies, removed him from office, and ordered 
him to come over and give an account of his conduct; 
which he refused to do, and continued his opposition to 
the colonial government. 

The depredations of the French in the palatinate, com- 
pelled the inhabitants to desert their country. Twelve 
thousand of them, in the most forlorn condition, sought 
refuge in London. The queen, for some time, sup- 
ported them out of the privy purse. She was after- 
wards helped by the benevolence of her subjects, and 
twenty thousand pounds were subscribed and paid into 
the treasury of the city, for the relief of these fugitives, 
who were finally disposed of as colonists, in Ireland and 



1709] THE TWELFTH. 233 

North America. Several of them came to Carolina, and 
Edwat d Tynte, who had succeeded Sir Nathiiiiel John- 
ston in the government of the province, was directed to 
grant land to them, in the county of Bath, the population 
of which was, as yet, very thin. 

Christopher, Baron de GraifFenreidt, a Swiss nobleman 
from the Canton of Bern, vvas at this time in England, 
with a considerable number of his countrymen, desirous 
of migrating to America. 

The lords prv)piietors, considering that the value of their 
estate, in the province of Carolina, depended on its pop- 
ulation, offered encouragement to the palatines and 
Swiss, in order to induce them to remove to Carolina. 
Ships were provided, and orders were given for the 
transportation of those, who offered to go and settle on 
the lords proprietors' lands. 

The baron was created a landgrave. Louis Mitchell, 
one of the principal characters among the Swiss, had ten 
thousand acres of land allotted to him, on the rivers 
Neuse and Cape Fear, or any of their branches, at the 
rate of ten pounds sterling for every one thousand acres, 
and five shillings of quit rent. One hundred thousand 
acres were reserved for him, at the same price, provided 
they were taken within seven years. One hundred acres 
were given to every man, woman and child, free from 
quit rent for ten years. 

This was a valuable acquisition to the northern part 
of the province. Besides a great number of palatines, 
fifteen hundred Swiss followed the baron. They set- 
tled chiefly on Neuse and Trent rivers; and for^their 
accommodation, Thomas Pollock laid offa tract of land, 
at the confluence of Trent and Neuse, for a town, which 
in compliment to the leader of the Swiss, he called New 

N. CARO. 30 



^4 CHAPTER [1710 

Bern; the city of Brrn, in Switzerland, being the 
place of nativity of thij> nobleman. 

The absence of a regular govera{^Je{l^ in North Car- 
olina, now ^ave ribe to grtat fends and di? traction ; the 
partisans of president Glover, irrit;itt d hv the persecu- 
tions thev experienced from president Carey, sought 
a temporary refuge in the neighb oriiig province of 
Virginia. 

The missionaries complained, that these commotions 
retarded the progress of the gospel, arid even enconragtd 
the ridicule of its ordinances. T^ey, however, perse- 
vered in their work, in the hope that the feuds might 
subside. Their expectations were disappointed, and 
M .. Gordon despairing of being any longer usefirl, em- 
barked for Europe, carr ing letters from the r^rincipal 
inhabitants of the precincts of Chowin and Pasrpiotank> 
stating that he had discharged his functions with great 
fidelity among them, and indeflitigably employed his 
time in promoting the interest of religion, in the colony. 

In the month of October, Graaftenreidt and Mitchell^ 
contracted with the commissioners a))pointed by the 
queen, for the relief and protection of the palatines, to 
transport to North Carolina, a greater number of them^ 
These persons received, each, twenty shillings in clothes^ 
and five pounds ten shillings, were paid for their trans- 
portation and comfortable settlement ; they were com- 
posed of ninety-two families, and Gmaffenreidt and 
Mitchell agreed to allow two hundred and fifty acres 
to each family, to be divided among them by lot, free 
from rent for five years, and afterwards, at the rate of 
one half per cent. Carolina money. , 

Provisions were allowed them for one year, payable 
at the end of the year. 



niO] THE TWELFTH. " ^^ 

^ Two cows and calves, a sow and pigs, two ewes andw 
lambs, widi a male of each kind, to each family, the ^-.^ 
Value whfrreof was payable in seven years, with one half *"^^ 
of the stock then remainin^i;; tools and implements, for 
fellin.k- W')od and bai;dini>; houses s^ratis. 

In the month of December, these palatines arrived 
at the confluence of Trent and Neuse rivers, where 
they b^a^ari a sHrlement, near that of the former. 

The R V, vlr. Adams, thou,<i^»i much dejected at the 
dep inure of his c.'>lleaij;ue, resolved to make further 
eff'>rrs; but die rniblic distractioa-. could not be com* 
P'»s '!, The !iartie!!> ^n\.v more- and more embittered 
a^i-.u St each o ht-r ; and, thougn he behaved with un* 
bi-iiided mo deration and unwearied zeal, in his pastoral 
function-., he was compelled, wearied by the hardships 
he met wir , to abandon the hope of doing any good, 
and dercrmined to return to England, in 1710. His 
concTi* gatinu bore testimony to his good conduct, and 
assur-'t hi-, employers, he liad waded through every 
iiiilicuiiy, U'^der ihe vigilant eye of his most malicious 
enemv, v/uhout having beer charged with any thing 
tinb.'coming a minister of Christ. As he was prepar- 
ing to emo ark he fell sick and died. 

In thf month of August, Edward Hyde, who had 
been cnoseu to govern the nordiern part of the province, 
arrived, with instructions to governor Tynte, to com- 
mission him as 'db deputy. H-: found the governor 
dead: diis cii'cnmstance left him without power, as he 
had no testimoi^ial of his authority, except unoffi- 
cial letters, from some of the lords proprietors to their 
deputies, btit he was so successful in his endeavors to 
conciliate botli parties, and the inhabitants were so 
anxious for bume settled form of legal government, tha^" 






•• -s-t-^.v :^>r.. 



t^'^ 



^36 .CHAPTER [17!© 

all the lords proprietors' deputies, without even the ex- 
ception of Thomas Carey, solicited him to assume the 
» i^^ supreme command, as president and commander in chief, 
I J ' until his commission as governor should arrive. He 
was, accordingly, appointed and sworn as such. 

The adherents of president Glover received him with 
sincere, and those of president Carey with apparent, cor- 
diality. The planters, who had S(^!ji^ht a shelter from 
the political storm, in Virginia, now returned to their 
estates, and one of them, high in authority, in a congra- 
tulatory letter to the governor, on his arrival, hoped 
" that he would settle the religion, laws, and Hberty of 
the province, on such asuie foundation, that they might 
not be trodden again by the Quakers, Atheists, Deists, 
and other evil disposed persons." 

During the confusion, the white people were suffered 
to fall on the Indians, to redress their real, or pretended, 
wrongs, which was attended with direful consequences: 
for, although they succeeded by such means against one 
tribe, there were others that took the alarm, when they 
found that the English broke their faith with the Indiansa 
Every act of violence was not attended with like suc- 
cess, and the next was made accountable for the want 
of success of the former. Hostilities began in the 
month of December. Some of tlie Meherrin Indians, 
fell on the most distant settlement, on Chowan river 5, 
and killed two or three individuals. It was a misfor- 
tune that the whites had been allowed to settle on land 
/ contiguous to the Indians. This ought to have been 

prevented, even when not objected to by the natives, on 
account of the difficulty of preserving a good under- 
standing, between them and the whites, while they lived 
so near. 



mo] THE TWELFTH. 237 

This summer, some galleys were sent to protect the 
coasts of Virginia and Carolina, which proved a great 
relief to those two colonies, laboring under daily alarms 
and terrible apprehensions, and discouraged by the fre- 
quent insults and depredations of the privateers of the 
enemy, and, often, vexed to stand the helpless specta- 
tors of their own losses. 

In the winter, the Indians began their irruptions 
anew, ** They," says a letter of a gentlemen in office, 
of the 25th of December, '* daily gather strength, and 
have again besieged a party of inhabitants, in a smali fort 
they had hastily thrown up for their protection. The 
disiraciions, among the white people, gave the Indians 
all the facility they could wish for destroying us. The 
late assembly appears to have resolved to sacrifice their 
country to dieir private resentments, and because they 
could not introduce into the government, the persons 
most obnoxious in the late rebellion and civil war, they 
will make no provision for defending any part of the 
country, and are now dissolved without doing any 
business." 

. Tranquility was now restored, and continued to pre- 
vail, till an election of representatives to the first assem- 
bly, under the new administration, took place. Carey's 
party having been unsuccessful, he protested against 
the legality of the authority, under which the election 
had been holden. 

At the meeting of the legislature, a law was passed 
for securing his person, and that of some of his accom- 
plices. Provision was made, for compelling him to 
account for the moneys he had received during his 
administration. 



238 CHAPTER [17J0 

These acts are not extant at tbis day ; but colonel 
Spots wood, then govern r of Virginia, in a communica- 
tion to lord Darmouth, secretary of state, observed, 
"they Were too severe to be justified; and, indeed, 
showed more the resentment of the makers, for the inju- 
ries they had received, than their prudence in healing the 
distractions of the country." 

On the adoption of these measures, Thomas Carey 
left his seat at the council board, and, repairing to the 
precinct of his residence, collected a party of armed men, 
at the head of whom, he bid defiance to the chief magis- 
trate and the legislature. He fortified his house, en- 
trenched it, and raised a battery, on which he placed 
some cannon. His success, in these measures of de- 
fence, emboldened him to act in the offensive. He 
caused himself to be proclaimed president and comman- 
der in chief, and by proclamation established a court of 
justice; and fitted out a brig, furnished him by a leading 
Quaker, armed it with six guns, and with her and a 
barca tonga, filled with fusiliers, he sallied forth, and 
came to an anchor with his naval force, near a plantation, 
to which governor Hyde and his council had removed. 
On the ai)peardnce of this armament, an express was 
despatched to governor Spotswood, of Virginia, f )r as- 
sistance. The council of that province advised the go- 
vernor to offer his mediation to both parties, and to en- 
deavor to induce governor Hyde to procure a suspen- 
sion of the acts passed against Thomas Carey, and the 
latter to suffer the administration of the government to 
proceed undisturbed, till the pleasure of the lords 
proprietors was known. 

Governor Spotswood immediately despatched a man, 
well qualified for moderating the resentment of the par- 



1710J V '3^^^ TWELFTH. Sa^. 

ties, with letters to governor Hyde and Thomas Carey. 
This mediator was well received, by la^overnor Hyde 
and his council, who declared, that, for the peace of the 
country, they were ready to yield their assent to any 
terms that could, with justice and honor, be proposed. 
Thomas Carey made the same proposition ; but an 
interview having taken place between the contending 
parties, on the suggestion of the mediator, he treacher- 
ously attempted, though without success, to secure the 
governor and his council, and make them prisoners. 
Enraged at his failure, he warned the mediator to return 
to Virginia ; and avowed his determination, not to treat 
otherwise than w^ith his arms. 

A few days after, though the conduct of Thomas 
Carey was sufficient to show what little faith ought to 
be given to any treaty with him, or his party, the medi- 
ator went to him and urged him to declare what his de- 
mands were, and prevailed, with difficulty, upon him, 
to furnish a specification of them. At length, Carey 
produced a paper containing his proposals, of which he 
very unwillingly allowed a copy to be taken, which 
he refused to subscribe. These, with a very trifling 
alteration, were acceded to by governor Hyde and his 
council ; but Carey still persisted in withdrawing from 
the terms of accommodation, and the mediator returned 
to Virginia. 

Thomas Carey now increased his naval force, hoisted 
his flag at the topmast head of his brig, and came within 
gun shot of the house, within which, the governor and 
council sat. An express was again despatched to Vir- 
ginia, to solicit some assistance of men and arms. The 
queen's council for that province, considering how diffi- 
cult it was to foresee how far a party of such desperate 



^40 GH AFTER [1710 

men, should they meet with success in their first at- 
tempt on the government of Carolina, might carry their 
disorganizing arms ; that the rebellion, excited a few 
years before, by general Bacon, had at first a much less 
dangerous appearance ; that the insurgents would pro- 
bably endeavor to seduce their negroes, some of those, 
in the frontier counties, having been already carried 
away, to be employed on board of the armed vessel, ad- 
vised governor Spolswood to raise tlie militia of the 
southern counties of Virginia, and send them to the re- 
lief of governor Hyde ; and applicition was made to the 
commander of the king's ships, in Virginia, for some 
boats to go round and attack Carey's shipping. Before 
any relief could be sent, Carey attempted the landing of 
some of his men, under the fire of his brio^; but thev 
were repulsed by the militia of the neigl-borhood, which 
governor H-de had time to collect. They returned 
on board, and tl«eir chief sought a safe retreat in the 
swamps of Tar river, where he raised his standard, and 
endeavored to bring the Tuscarora Indians into an aili- 
ance. For this purpose, he despatched to them Edward 
Porter, one of his coitucil, who endeavored, by promises 
of great rewards, to induce them to cut off all the inhabi- 
tants of that part of the province, who adhered to gover- 
nor Hyde. This was acceded to by some of the young 
warriors; but when the meter was debated in council, 
the old men dissuaded them from listening to Porter. 

Governor Spotswood, in a letter to lord Darmouth,i 
complained of the reluctance he found in the inhabitants 
of the counties of his government bordering on Car- 
olina, to march to the relief of governor Hyde. These 
counties were chiefly settled by Quakers, and he imputed 
their backwardness to the religions precepts of their sect, 



IT 10] THE TWELFTH. 241 

especially, seeing that their brethern in Carolina were 
Carey's main allies, who, not only formerly, acted as his 
council, and openly supplied him with provisions, and 
an armed brig, but also took upon themselves military- 
titles in the civil war. 

Thomas Carey now retired to the house of one 
Roach, in Pamplico, which he fortified. This man had 
lately joined Carey, and was the supercargo of a ship 
just arrived from London, and he supplied the insur- 
gents with trading guns and ammunition from her 
cargo. 

In the month of July, Carey went to Virginia, where 
governor Spotswood caused him to be apprehended, in 
order to make him give security for his good behaviour. 
While under examination, Carey prevaricated so 
much, that governor Spotswood shipped him off, on 
board of a man of war, bound to London. 

On the 18th of September, 1710, general Nicholson 
sailed from Boston, with thirty-six sail, for the reduction 
of Port Royal : he arrived on the 24th, and landed his 
troops without opposition : the French threw shells and 
bombs from the fort, w4iile the English were making 
preparation for the attack, and a bomb ship in the New 
England fleet plied on them with her shells. On the first 
day of October, Subercase, the French governor, was 
summoned to surrender; a cessation of arms was 
obtained, and terms of capitulation were agreed 
upon and signed on the next day : the government of 
the country was given to colonel Vetch, and the fleet 
returned to Boston : the name of the town was altered 
from Port Royal to Annapolis, in honor of the queen. 

A statute was this year passed by parliament, for es- 
tablishing a general post ofiice at New York, for the 

N. CARD. 31 



242 CHAPTER, [17r€ 

plantations on the continent : the preamble states, that 
posts had been established on the main land in North 
America, that in her majesty's plantations, Ports- 
mouth, in the province of New Hampshire, the north- 
ernmost, and Charleston in that of Carolina, the souths 
ernmost town, are mentioned in the statute. (9 Anne, 
c. 10.) A statute was also passed for the preservation 
of white and other pine trees, grow in^ in the provinces 
of New England, New York and New Jersey, for the 
masting of the royal navy. (9 Anne, c. 17.) 

In the following year, the society for propagating the 
gospel in foreign parts, sent the reverend Mr. Umstead, 
and the reverend Mr. Rainsford, to North Carolina: the 
former took his residence in the precinct of Chowan, and 
the latter in that of Currituck. 



Shdmers — History of South Carolim^^JReeord^, 



CHAPTER Xm. 

The Indians did not always remain idle or uncon« 
cerned spectators of the feuds and dissentions that so 
long prevailed among the whites. The successive and 
regular encroachments on their plantations and hunting 
grounds, which an increase of European population did 
occasion, had nv)t been always submitedto, without a 
murmur. Aith'^ugh the native:* had been at first pleased 
with neighbors, from whom they could procure spiritu- 
ous liquors and other article**, which tended to the gra- 
tificatioii of their real or imaginary wants, they had 
viewed with some jealousy the frequent accessions of 
new comers, requiring at first the surrender of larger 
and larger portions o^ their domains, and at last, the re- 
moval of families and tribes, from the neighborhood of 
the bones of their ancestors, to more distant and less 
valuable tracts of land. Other causes of animosity and 
ill will had not been wanting : they were determined on 
securing the opportunity of attacking the whites, while 
their dissentions rendered them more easily vulnerable. 
In the beginning of September, they concerted the plan 
of a sudden and simultaneous attack of every settlement 
in the colony. 

T^he Tuscaroras were the principal and the most nu- 
merous of the tribes that joined in the conspiracy : they 
tmdertook the attack on the plantations on Roanoke, and 



244 CHAPTER [1711 

from that river to that of Pamplico : the Indians who 
lived on that river, and from whom it received its name, 
were chari^ed to fall on their more immediate white 
neighbors : the Cothechneys, who dwelt in that part of 
the province now known as the county of Greene, en- 
gaged to come down and join the Cores, in an irruption 
on the settlers along Neuse and Trent rivers : and the 
Mattamuskets and Matchapungos undertook to fall on 
the plantations in the neighborhood of the town of Bath. 
Notwithstanding the very great number of individuals, 
of diiferent tribes, to whom these arrans^ements must 
have been made known beforehand, the secret was not 
betrayed by any. The Tuscaroras, whose principal 
town had been surrounded by a high pallisade, sent 
thither their women and children. From thence, on 
the day preceding the new moon, twelve hundred war- 
riors secretly marched in numherless divisiotis : de- 
tached individuals were sent to rerun noi^re. and en- 
tered the hab'tations of the inteijded victims, uuder 
the mask of friendship ; tovvar<!s ? ight, I irger squads 
appeared, seemingly in quest of provi^iois. Pre- 
tending to be offended, they ahus"d the planters, and 
at the first, and often before the least, sign of resent- 
ment, gave a whoop, 'iid being instantly joined 
by others from the neighboring woods, began, 
in indiscriminate slaughter, murdering the grandsire 
and the father, the aged grand dame the lad, the 
virgin, and the sucking infant that clang to the bleed- 
ing bosom of the mother. One hundred and thirty 
persons, thus fell on the eleventh of September, 
in the settlement on Roanoke. Most of the Swiss 
and palatines, who had flattered themselves with 
having found, in the deserts of the precinct of Craven;» 



1711] THE THIRTEENTH. 245 

an asylum against distress and onprp.ssion, fell under 
the tomahawk or the knife. The French Hugue- 
nots, in the town of Bath, and the planters around it, 
were inhumanly slaughtered ; the houses and cabins 
were set on fire, and by the glare of the conflagration 
the unrelenting foe sought for new victims; with 
a lighted pine knot in one hand, and the tomahawk 
in the other, the Indians of each party marched 
through the woods to a common center, hunting, in 
drunken gambols, for the few wiiite men who had es- 
caped the desolation of their settlements ; they di- 
vided themselves into new parties, and scoured the 
country to the east of Chowan river, and the north of 
Albemarle sound ; the carnage was continued for 
three days, and did not iinish till drunkenness and 
fatigue disabled the savage f »e frojn further action. 

The few colonists, wiiom fortune favo 'ed in their 
escape, assembled, and for a long time, under arms, 
guarded their women and children, till assistance 
could be procured from the southern part of the 
province, and the neighboring one. 

A few days before the massacre, the baron of 
Graaffenreidt and Lawson left Newbern, attended by a 
negro, with a view to ascend the river Neuse, to explore 
the land on its banks : having proceeded to a small dis- 
tance, they landed to pass the night, and were approach- 
ed by two Indians, who were soon after joined by about 
sixty more, well armed : this induced them to return to 
the boat, to proceed farther up, where they were follow- 
ed by the Indians, who took from them their arms, pro- 
visions and bai>;gage, and comj)elled them to miirch 
with them all night to a considerable distance from the 



246 CHAPTER [1711 

river, where they werepven up to the chief of a village : 
a council was held, and it was determined to sum- 
mon the inhabitants of the villages in the vicinity, to de- 
cide on the fate of the prisoners. About two hundred 
Indians met, and forty of them were chosen to compose 
the council, who strictly examined them on the ob- 
ject of their excursion : they answered, that their in- 
tention. was to seek a better and shorter road to the 
plantations of the whites in Virginia, that on the north 
side of Albemarle sound being distant and bad. The 
Indians complained much of the conduct of the Eng- 
lish, and particularly of Lawson, who, as surveyor 
general, was instrumental in depriving them of their 
land. Finally, the council determined on his liberation, 
and that of Graaffenreidt. However, on the next day, 
an Indian, who understood English, complained to the 
others, that the prisoners had spoken disrespectfully of 
the Indians, and three or four of them fell on them, 
beat them in a furious manner, and forcibly dragged 
them back to the village, where the council sat again, 
and determined on putting them to death. 

On the following day, the victims were taken to a 
large field for execution ; their wigs were thrown into a 
large fire, and they were stripped and compelled to sit 
down before it ; flowers vvtre strewed on them. In this 
situation, they were kept the whole day and succeeding 
night : at sunrise, a great number of Indians were col- 
lected, to the amount of three hundred ; behind the 
prisoners was a party who guarded them, and on each 
side sat the chiefs in two rows; behind these, were the 
rest of the Indians, jumping and dancing like so many 
devils, and cutting a variety of infernal and obscene 



nir] THE THIRTEENTH. 247 

capers The eouncil again deliberated, and GraafFen- 
\eidt turning to them, asked them whether no mtrcy 
could be shown to the innocent, and with what propriety 
they could put to death the governor of the palatines : 
one of the Indians made a long and vehement harangue, 
which softened the hearts of a majority of the council, 
and it was determined to spare the baron. Lawson and 
the negro were now put to death, with incredible tor- 
tures : his spared companion was det ained five weeks in 
captivity, and at last released. 

On the first intelligence of this sad calamity at 
Charleston^ the legislature, with a cheering alacrity, 
equalled only by the necessity which called it into 
action, appropriated eighty thousand dollars to the 
relief of their suffering brethren. Six hundred mi- 
litia, and about three hundred and sixty Indians^ 
were detached, under the orders of colonel Barnwell. 
Governor Spotswood, of Virginia, on the first ac- 
count of the disaster, sent a detachment of the mi- 
litia to the tributary Indians of his province, to pre- 
vent them joining in the war ; and understanding 
that the Indians, in some of the Tuscarora towns, 
had refused to march against the whites, sent messen- 
gers to invite them, with the rest of the friendly 
i-ribes, to a conference, at the Nottoway line, on the 
southern border of Virginia, where he met them on 
the 7th of November. He had drawn together at 
that place the militia of the three southern counties^ 
amounting together to sixteen hundred men. Three 
of the Tuscarora chiefs arrived just as he was mus- 
tering this force, and was not a little surprised to find 
such a large body of men, in good order and disci- 
pline. The s;overnor, after entering into some con- 



248 CHAPTER [nil 

versation with the chiefs, had the pleasure to find the 
report which his messengers had made, from their 
observadoiiSj while in the Tuscarora towns, that they 
were very desirous of continuing in peace, and were 
grewtly concerned, that any of their nation should 
have joined in the massacre. He then proposed to 
them to carry on the war, agains^t the Indiars who 
had commenced it, and to join the queen's subjects in 
North Carolina, for the extirpation of the assassins ; 
and that for the purpose of giving some assurance for 
their future good behaviour, they should deliver two 
children of some great li.en in each town, who 
should be educated in the college. The chiefs re- 
plied, that they were not authorized to conclude any 
thing, without the consent of the rest of the nation ; 
they desired time to inform their towns, and promised 
to return on the 20th. The legislature of Virginia, 
which sat soon after this, addressed tije governor, to 
request that war might be iminediateiy declared 
against the Indians who had been concerned in the 
massacre, and voted twenty thousand pounds for car- 
rying it oil ; and the qu^^en's council unanimously 
advised, that the necessary preparations should be 
made for carrying on the war; and that if the Tusca- 
rora chiefs returned, as had been promised at Notto- 
way, their alli-iuceand co-o|}eratiop. should be accepted. 
The chiefs were detained, by llie badness of the 
weather, and the indisposition of two of them, be- 
yond the appointed time : the governor entered into a 
conference with Uiem, at which the house of burgesses 
was present. The chiefs, after accounting for the 
delay that occurred, expressed the desire of the In- 
dians of their towns, to continue in strict friendship 



1711] THE THIRTEENTH. ^49 

whh the wliifes, and assist them in chastising the au- 
thors of the late (lisor'ler. 

But now nn uiifortunr.te difference arose between 
the governor and the ho ?se of burgesses, the latter 
insist* og on the passage of a bill for raising an a my 
in Virginia, without trusting to the sincerity of the 
profession of the Tuscarora chiefs. The governor 
refusing to accede to this proportion, the house de- 
clined to co-operate in his plans The dispute ended 
by a dissolution of the assembly. 

Governor Spotsvvood, in his report of this trans- 
action, to the lords commissioners of tr^ide and plan- 
tations, charges the house with want of sincerity, m 
their proffer of aid to the sister province. ^^Had 
they," said he, ^*really inte^jded to carry on the war 
against the Indians, they could liot have done it in a 
more frugal way, than by the treaty I concluded with 
the Tuscarora chiefs. Although this was entered 
into at the instance of their own house, they have 
made no provision for enabling me to perform the 
terms of it. Indeed, som^. of that house, since the 
dissolution, owned more freely, than they would do 
while sitting, that most of the irregularity of their 
proceedings are owing to so;r<e rash votes, passed 
without foresight, which they could not afterwards 
get over, w thout breaking the rules of their house : 
and so they chose rather to let tlie country suffer, 
thui to own themselves in an error. The conduct of 
the late assembly will, in all probability, give a new 
turn to the humour of the people, and make them 
choose for their representatives men of more generous 
and disinterested principles: but I fihali first sec 

N. GARO. 32 



'6 



m ' CHAPTER [1711 



some sign of this disposition, before I call a new 
assembly. ^^ 

The baron and Indians entered into a freaty of 
peace, by which it was stipulated thr?t, in case of war 
between the English an- 1 the Indians, the palatines 
sbonld reman neutral : that no land should be t?^ken 
up f'>r, or by, the Jaroii, with* ut the c -rtsent of the 
Indians : that there should Ue a full fr- lorn to hunt 
in t!ie pen country : and that a comti}! vc 'a! treaty be 
ftnt'Ted on, so that jusii(e migh? » e d'j.^ to the In- 
dians, in the trade carried on wifh theTj 

Graaffenr* idt was i!re vveek<^ a j riso^er, and du* 
ring tha- ti ne the p !;ni?)j">^ were call d out, to defend 
the con?. try. from Edtuton fit' was^, however, soon 
after retaken, and carried to Virsrinii. 

Appvehensio '.s were enter ained *hat .lie Fn^cb, 
who traded among nations of Indians, not very re- 
mote, would find means t > unite these Indians with 
the Tuscai*oras, and furnish tliem with arms and am- 
munit'on. The province was ill supplied with the 
means of encountering an enemy, not otherwise to be 
reduced, than by a continued pursuit t rough the 
woods and deserts ; a fatigue whifh ilie people were 
not able long to endure, without the coaveniency of 
tents, to secure th m from Uie weather. 

Governor Hyde called out as much of the militia 
of North Carolina as he conld command, but the 
people had been so long accustomed to resist govern- 
ment, that few could be brought to any order or 
discipline. 

Colonel Barnwell, with his small army, expedi- 
tiously crossed the extensive and dismal wilderness. 



i712j THE THIRTEENTH 251 

which then separated South and North Carolina. 
On his arrival on Neu.^e river, lie was joi-^ied by s ich 
Si portion of the militia of the colony as could be 
spared from the necessary service of guarding the 
help'ess pa t of the iahabitints. The Vidians, on 
the first iiiteilJge'lce of the appr 'ach of this succ«>ar, 
Lad chiefly colL;^* ted their strejjgth into one body. 
Colonel Barn^vell soon caine up with them, and 
pnrsued them to the uuper p rt of he present county 
of Cr ven. where they erecte i a r^troog wooden 
breastwork, on the shor s of Neuse river, at the 
distance of about elgutc-.en miles to ihe west of the 
tow .ff Vewbe'-n. After a short stay there, having 
received some reinfur/emeut t'> their number, they 
Bia "ched out to some distance, but wer'> attacked with 
mui h bravery by the forces of South Carolina, and 
deiCit^ed with great slaughter. Upwards of three 
Jiundied of tiem were killed, and one hundred made 
prisoners. The number of the wounded was not 
ascertained. The rest retired into their strong hold, 
where they were surrounded, and after sustaining 
great loss, sued for p^*ace, which, it is said, was too 
precipitately granted by colonel Barnwell. 

*^ln all pr .b'.ibility," said a gentleman in high 
authority, in an official communication to tiie lords 
proprietors, two years afterwards, '^ if colonel Bfirn- 
well had done his part, tliough some of his Indiins 
left him, the w.ir would ha\e ])e n at an end before 
th'S time : fore lonel itchell, a Swiss gendeman, 
who came in with the baron de Graaff'enreidt, lia\ ing 
cont nued to draw the trenches within eleven yards 
of the Indian I'ort, raised a battery, in which h - had 
placed two large guns, and collected a quantity 



^52 CHAPTER [1712 

of light wood and brush between the end of the 
trenches and the pallisade of the fort. The Indians 
within, who were all those concerned in the massacre, 
would have surrendered uncon Mtionally, if a shame- 
ful capitulation had not taken place. 

^' The storming of this fort, which contained the 
greatest part of our ene nies, wo dd have so much 
dispirited the rest, that ihey would have complied 
with our own terms, and aban'h)ned the country, and 
our people would have been encouraged by the cap- 
ture of so many slaves/' 

Colonel Harnwell returned to Charleston soon 
after the surrender of the f >rt. It was called after 
him ; and the remains of it, which are at this daj 
visil)le, siill retain his name. 

In the month of May, governor Hyrle receivefl his 
commission from He ry, duke of Beaufort, the pala- 
tine, beari g date the 24th of January precedi g, and 
he was qualified under it on the 9th of Alay. His in- 
structions required him " to use with all gentleness 
those who were deluded, and with a little severity 
those who were concerned in the late disorders, as 
was consistent ^* ith law and justice. And, as it must 
of necessity have happened, that, during the commo- 
tions, some unfortunate persons should have suffered 
much in their estates, the lords proprietors desired 
that restitution might be mads to them, if possible, to 
the full, and if that couLl not be, as far as the 
governor could." He was further required to send to 
the lords proprietors as exact an estimate as he could 
make of the sufferings of the people. He was au- 
thorized to disp. se of vacant land, in tracts of six 
hundred and forty acres each, at the rate of one pound 



1712] THE THIRTEENTH. 253 

sterlins, for every hundred acres, subject to a quit 
rent of one shilling. He was directed to forward 
copies of all the proceedings of his govejnment to 
the lords proprietors, by the way of the province of 
Virginia, or the island of Barbadoes. His title was 
governor of that part of the province of Carolina, 
which lies to the north and east of the river of 
cape Fear. 

The other principal officers of the province were, 
at this time, Christopher Gal^^, chief justice, Edward 
Benwick, attorney general, Danii-l Ricliardson, re- 
ceiver general, Anthony Stafford, surveyor general, 
and Tobias Knight, secretary of the province. 

The expenses of government did not cost the pro- 
prietors more than tbr*^e hundred a^id eighty pounds 
sterling a year ; two hundred of Avhich were paid 
to the governor, sixty to the chief justice, and forty 
to each of the attorney general and secretaries in the 
province and in England. 

In pursuance to his instructi ^ns. governor Hyde 
issued a proclamUion of pardon, in favor of all per- 
sons concerned in ^ arey's rebellion, except Thomas 
Carey, Em man 'el l,aw, John Porter, Edmund Por- 
ter, and William Tittel. 

The assembly sat on the 12th of March. A mes- 
senger was sent to the Saponalndians, to procure them 
to jv)in the provi. ce against the In iians in arms, and 
to promise them protection in the mean while for their 
woven and chddren. Korts were directed to be built 
at Core Sound and at a Mr. Reading's, on Tar rixer : 
the first was to have a garrison of thirty men, and be 
called Kort Hyde, the second to be garrisoned by ten 
men only. 



254 CHAPTER [1712 

On the application of governor Spotswood, the In- 
dians, in whose town in Virginia the baron de GraafFen- 
reidt was detained as a prisoner, released him, and he 
was permitted to return to Newbern : the palatines and 
Swiss, who had escaped the massacre, were permitted 
to join him, after he had engaged his word, that he and 
they would remain perfectly neutral during the war : he 
lived undisturbed by the Indians, but was persecuted bv 
the whites, for not breaking peace with their common 
enemy : yet, they would not supply him with provisions 
' or ammuni'ion, though no doubt wa:^ entertained of his 
willingness to carry on the war, if the means were sup- 
p icd,for it were madness in him to expose himtaelfand his 
coui'tryinen to the fury of the savages, without some 
better assurance of hdp, than that which the confused 
state of the coluny held out, as the Indians would soon 
destroy hib settlement, or compel him to abandon it, by 
killing his cattle and preventing the planting or raising 
any corn. The colony, however, derived great advan- 
tage from his neutrality, as it enabled him to discover 
and communicate any plan of attack, at the risk of paying 
dear for it. 

On the I2th of June, 'James Fenton was sent to 
Charleston, to solicit a further aid. 

In the summer, disease added its horrors to the disr 
tresses of the war : an epidemic, of the kind of those 
which have since ravaged, in the summer, the sea port 
towns of the United States, and are known by the ap- 
pellation of the yellow fever, scourged the few inhabit- 
ants who remained ; men fell like leaves in autumn : on 
the eighth of September, governor Hyde became a 
victim of it. 



1712] . THE THIRTEFNTH. ^255 

On the 12th, the lords proprietors' deputies made 
choice of Thorn \s Pollock, the deputy of lord Carteret, 
as president atid commander in chief. This gentleman, 
in his first official communication to tluir lordships, 
after his election, describes the situation of the country 
in the following words : 

*' The people of this government are gready empove- 
rished ; the inhabitants of Pamplico and Neuse have 
most of their houses and household goods burnt, their 
stock of cattle, horses and hogs, killed or carried away, 
and their plantations laid waste by the Indians ; they are 
obliged to secure their families in forts, and we, who live 
on the south and south-west of Chowan river, are un- 
der the same necessity. The farmers of the county of 
Albemarle have to supply the whole of the county of 
Bath with grain, not only for the use of the inhabitants, 
but also for the support of their own militia, which they 
have sent thither, and of the forces that are come from 
South Carolina. By this mean, their trade is ruined, 
and the vessels, that are come into Albemarle sound, of 
late, have not been able to procure any loading, except a 
few barrels of tar, so that the people have not wherewith 
to pay their debts ; few can procure clothing for their 
families, 

*' The province is very largely in debt, for the pay 
of the militia, which has been kept in actual service, for 
arms, ammunition, provisions, and the expenses of 
sending expresses to the neighboring governments. 

** The war with the Indians still rages ; disobedience 
to the constituted authorities, and intestine divisions, still 
prevail among us. The want of the means of discharg- 
ing the arrearages of pay due to the men who arc out, is 
a serious cause of discontent, perhaps the greatest mis- 



i^56 CHAPTER fnie 

chief of all : for albeit, an act was passed by our legisla- 
ture, at their last session, imposing a penalty of five 
pounds on those whj refuse to march against the In- 
dians, when called out, yet lew men could be induced to 
leave their homes ; and although governor Hyde, a short 
time before hib death, attempted to levy this penalty, he 
found but few persons willing to assist in putting the 
law into execution. 

" We have now no more than from one hundred and 
thirty to an hundred and forty men on Neuse river, un- 
der the orders of colonel McKee and colonel Mitchell : 
these officers cannot attempt any thmg with this handful 
of men: they, however, expect a reinforcement from 
South Carolina. 

" Some of the Tuscarora chiefs have lately been with 
governor Spottswood of Virginia, and pretend a great 
inclination to [)eace : they are aeain to be with him on 
the 26ih of this month : we are to send two agents to 
meet them there, Mr. Tobias Knight and major Chris- 
topher Gale, not from anv expectation that the governor 
will make any treaty for us, for that would be dishonora- 
ble to your lordhhips, and make us appear contemptible 
in the eyes of the Indians, but with a view to hear what 
they have to propose. I believe, ht^wever, that this pre- 
tended desire for peace is only a scheme, to gain time 
until they can gather their corn, secure it in their forts, 
and see whether they are to have any assistance from the 
five nations. 

"Your lordships may see," continues the president, 
" what difficulties we are placed in : our enemy strong, 
numerous, and well provided with arms and ammuni- 
tion : our people poor, dispirited, undisciplined, timo- 
rous, divided, and generally disobedient, without arms 



1712J THE THIRTEENTH. 257 

or ammunition ; the few who are willing to turn out, 
unable to procure their pay, cannot obtain necessary 
clothing, to support the severity of the weather in the 
woods; if the legislature of South Carolina had not 
assisted us with their militia and Indians, Neuse and 
Pamplico would be entirely deserted, and probably a 
great part of the county of Bath." 

The communication concludes, by conjuring their 
lordships to consider, that '' the people, who undergo 
these distresses, are Christians, the subjects of the queen 
and the tenants and vassals of the lords proprietors, ven- 
turing their lives and spending their estates in the defence 
of the province, and to lose no time in forwarding a 
supply of arms and ammunition. " 

In a letter of a later date, to lord Craven, one of the lords 
proprietors, president Pollock attributes the calami- 
ties that desolated the country, to ** the machinations of 
the Quakers." *' Our divisions," saye he, ** chiefly oc- 
casioned by the Quakers and some other ill disposed 
persons, have been the cause of all our troubles : for, 
the Indians were informed by some of the traders, that 
the people who live here are only a few vagabonds, who 
had run away from other governments aiid settled here 
of their own accord, without any authoiity ; so that, if 
they were cutoff, there would be none to revenge them. 
This, with their seeing our differences rise to such a 
height, that we, consisting of two counties only, were in 
arms one against another, encouraged them to fall upon 
the county of Bath, expecting it would have no assist- 
ance from this, nor any other of the English plantations. 
This is the chief cause, that moved the Indians to rise 
against us, as far as I understand." 

N. CARO. 33 



^oS CHAPTER [1712 

" The Quakers, with their adherents, have been a 
great occasion of the war : for they, with two or three 
persons, (not in such posts of profit or trust in the 
government as they desire) have been the chief cause 
that the war has not been carried on with the vi.8:or it 
ought to, by their disobedience to the government, and 
the encouragement they gave others to imitate them. 
In some of the precincts, being the most numerous in the 
election fields, they chose such members of the assem- 
bly as would oppose what was necessary to carry on the 
war. The generality of the people, seeing that the Qua- 
kers, from their disobedience and opposition to the go- 
vernment, rose actually in arms, and attacked the gover- 
nor and council, without any manner of punishment, 
were emboldened to do the like, and seemed to want 
a leader onlv, to raise another insurrection." 

President Pollock, a few days after his election, re- 
ceived information from Charleston, that the legislature 
had directed governor Craven to send one thousand In- 
dians and fiftv white men, to the relief of the inhabitants 
of the county of Bath, under the orders of colonel James 
Moore, a son of the late governor Moore, of South 
Carolina: governor Craven, in conveying this intelli- 
gence to president Pollock, assured him he was so 
anxious to expedite this succour, that he would march 
with it, as far as the boundary of the two settlements. 

The legislature of the province of Virginia appropri- 
ated a sum of three thousand five hundred pounds, to be 
laid out under the direction of governor Spots wood, in 
assisting the people of Carolina in carrying on the war ; 
and a further sum of six hundred pounds, was ordered 
to be invested in blankets and coarse woollen clothes, to 
be immediately forwarded for the use of their troops. 



1712] THE THIRTEENTH. 259 

Tom Blunt, the headman of the Tuscaroras, with the 
chiefs who were to meet the commissioners of North 
Carolina, at governor Spotswood's, instead of attending 
there, came to president Pollock, to induce him to con- 
sent to a termination of hostilities, and the restoration of 
trade. The president utterly refused to listen to him, 
unless he would engage to bring Hancock, a chief of 
his nation and his kinsman, who had been one of the 
contrivers of the late massacre, and cut off and bring the 
scalps of six other Indians, who had been uncommonly 
active in it. He promised to do so, and begged some 
ammunition for that purpose. The president refused 
to supply him with any, unless he would bring twelve 
hostages, from each of his towns or forts. He appeared 
satisfied with this proposal, and said he was sure of the 
assent of some of his towns, and hoped for that of all. 
He went away, promising to be back by the middle of 
October, when he would accompany the colony's agents 
to Virginia. 

At the appointed time> he appeared with fifteen of his 
men, saying, he had been in pursuit of a party of the 
Cothechney Indians, on the north side of Pamplico river; 
that one of his men had seen Hancock there, but accom- 
panied with such a number of his adherents, as pre- 
cluded the hope of securing him ; that he was going 
with a large party in quest of him, and would hunt with 
them in his company, in order to catch the opportunity 
of finding him alone, and after he had secured and 
brought him, he would go to Virginia. The president 
gave little credit to the promises of a man capable, from 
his own account, of acting with so much treachery to 
one of his own nation, his kinsman too, but concealed 
his distrust, lest the Indian, finding that he had nothing 



260 CHAPTER [1712 

to hope, should join the rest of the Tuscaroras, against 
the whites. 

On the 25th of November, however, preliminary arti- 
cles of peace were entered into, between the president 
and council, and Tom Blunt, Saroonah and four other 
headmen of the Tuscaroras. 

The Tuscaroras f)romised to mal^e war against the 
Cothechneys, Core, Neuse, Bear river, and Pamplico In- 
dians, and not to give quarter to any male individual of 
either of these tribes, above the age of fourteen, to 
capture and sell to the English, all those of and under 
that age ; and thit as soon as these tribes were destroyed, 
or sooner, if it were desired, they would join the English 
in an attack on the Matchapongos. 

They engac;ed to surrender all the prisoners, arms, 
horses and negroes, taken from the English, and to forbear 
hunting or ranging near the plantations or stocks of the 
English, without leave, or with it, in a larger number 
than three at any one time, and to relinquish all claims to 
the land on the south side of Neuse river, below Co- 
thechney and Bear creeks, on the north side of 
Pamplico river. 

They bound themselves to pay, after a general peace, 
such a tribute, as should be agreed on, and that, in the 
meanwhile, no further injury should be the cause of 
hostilities, that should not be redressed by satisfaction, 
assessed by persons appointed for tiiat purpose. 

They agreed to deliver, at the house of the president, 
before the next full nioon, six of the principal women 
and children from each town, as hostages, unless, before 
that time, they had destroyed the enemy. 

Lastly, they promised to endeavour to bring alive to 
some of their towns, ten Indians named in the treaty. 



1713] THE THIRTEENTH. 261 

who had been the foremost in the mussacre, and to send 
runners to fort Reading, who were to give two whoops 
and show a white cloth, as a signal, and to pilot such 
persons, as might be sent from the garrison, to see 
execution done on these murderers. 
, The reinforcement from South Carolina, under the 
orders of colonel Moore, reached Neuse river a few days 
after the signature of these preliminaries : the provisions 
in that neighborhood being quite exhausted, the presi- 
dent requested the colonel to march his men into the 
county of Albemarle, where they could refresh them- 
selves and wait till supplies could be sent round. This 
increase of numbers, in the northern part of ihe colony, 
was productive of great inconvenience and murmur; 
the planters loudly complaii\ed of their inability to pro- 
vide for their guests. The South Carolina Indians 
grew so unmanageable, that many of the inh bitants of 
the county of A bemarle showed m ):e disposition to 
turn their arms against those troublesome allies, than to 
inarch with them as^jainst the common enemv. 

With the view of ascertaining whether any depend- 
cnce could be placed on the promises of Tom Blunt, no 
order wa^ given for the march of the troops into the 
county of B.ith, uiuil the middle of January. 

On their way thither, they stopped at Fort Reading, 
on the south side of Pamplico river, where they were 
detained, by a very heavy fall of snow, till the 4th of 
February. The enemy, on the first intelligence of colo- 
nel Moore's approach, sought their safely in flight, and 
finally entrenched themselves in Fort Nahucke, which 
they had built, at no great distance from the spot, on 
which the court house, of the county of Greene, now 
stands. On the 20th of March, the colonel laid siege 



262 CHAPTER {1713 

to, and in a few days became master of it. On its 
surrender, eight hundred prisoners were made. The 
loss of the Indians, in killed and wounded, was great; 
but no materials exist, by which it could be ascertained. 
Colonel Moore had twenty-two whites, and thirty-six 
Indians, killed, and twenty-four whites, and fifty -six 
Indians, wounded. The Souih Carolina Indians, se- 
cured as many slaves among the Indian prisoners, as 
they could, and made the best of their way towards 
Charleston. One hundred and eighty of them only, 
remained with their commander. Colonel Moore, in 
making his report of the siege, to the president, tendered 
him the continuance of his services, and offered to retain 
his small force, in the settlement on Neuse river. The 
president judged it of the utmost importance, that the 
blow should be vigorously followed up, lo the utmost 
of the power of the colony, till the enemy was compelled 
to submit, which was likely to happen soon, as the In- 
dians were greatly dispirited by their late defeat ; and 
were now convinced how little dependence they could 
place in their forts. He called a meeting of the council, 
for the 15th of April, and requested colonel Moore to 
attend, in order to afford them the benefit of his senti- 
ments. 

This year, a violent storm opened a new inlet, about 
a mile south of the old one, (Currituck) since which, 
the latter river entirely choaked up, and grew smaller and 
smaller every day. 

On the meeting of the council, it appeared that the 
stock of provisions in the possession of the colony, 
consisted of only eight hundred bushels of corn, and 
thirty-two barrels of meat. The most sanguine did not 
believe, that the greatest efforts could procure more 



1713] THE THIRTEENTH. 263 

than fourteen hundreil bushels of corn; in addition 
thereto, governor Craven had written that he would 
send two or three hundred Indians more. This force, 
added to that under the orders of colonel Moore, was 
not sufficient to pursue the Indians with effect ; and if 
a greater number could be obtained, there was no proba- 
bility, that the colony could afford them subsistence; 
few farmers having corn enough for the use of their 
families till harvest. The council were of opinion that 
the colony being unable to enter into a new campaign, 
it was best to make an honorable peace, if possible, 
while the smart of the last blow was still fresh. 

The definitive treaty was, accordingly, concluded. 
Tom Blunt was, in consequence of his fidelity, and the 
services rendered to the English, made and acknow- 
ledged, king and commander in chief of all the Indians, 
on the south side of Pamplico river, under the protec- 
tion of government ; and a firm and lasting peace, with 
him, and all the tribes that might acknowledge him as 
such, was declared. On his part, he engaged to deliver 
up twenty of the chief contrivers of the massacre, to 
be named by government. He promised to pursue to 
destruction, the Cothechneys, Matchapangos, and all 
other tribes, at war with the English, and bound him- 
self to attend the next legislature, with three hostages 
from each of his towns. 

The council obtained from him information that the 
Indians who were not in Fort Nahucke, had retreated to 
Fort Cahunke; at the distance of about forty miles 
to the south west of the former, and hearing of the sur- 
render of Fort Nahucke, had abandoned the fort and 
liad scattered ; the greater part of them going up Roa. 
noke river. Conaquani, a Tnscarora chief who had 



264 CHAPTER [47 IS 

lately returned from Albany, where he had attended a 
meeiin^r of the English commissioners, was endeavor- 
ing to dissuade Tom Blunt from making peace, telling, 
him the Enj^lish were amusing him with fair words, 
to keep him from doing any mischief; but that, when 
they would have destroyed the rest of his nation, they 
would in turn, fall upon him. The desire of having 
on the frontiers, iriendly Indians, who might guard the 
distant plantations, from the insults of straggling par- 
ties ; and the consideration, that, if Tom Blunt attended 
the legislature, according to his promise, and the treaty 
was confirmed by them, there would only be the 
Cothechneys, Core, and Matchapungos to reduce, the 
motives that induced the council to offer these terms, 

A party of the Matchapungoes, in the last days of the 
month of April, iell on the western part of the precincts 
of Currituck, on Alligator river, and killed twenty white 
inhabitants : and colonel Moore sent a party of his In- 
dians to protect that settlement. 

The legislature met early in the month of May. 
Tom Blunt, attended with his hostages, and the treaty 
made with him, by the president and council, was con- 
firmed. In settling the claims on the public treasury, 
to which the war had given rise, the ordinary resources 
of the colony appeared quite insufficient. Recourse 
was had to the press: an emission of bills of credit, to 
the amount of eight thousand pounds, was issued, and a 
law was passed, making the bills, then already in cir- 
culation and those now to be emitted, a tender in dis- 
charge of all sums, due on contract, for rated com- 
modities. 

This is the first emission of a paper currency, in 
North Carolina ; and there are no means of ascertaining, 



1713] THE THIRTEENTH. ae5 

whether the bills that were in circulation, before this 
time, were some of those that had been emitted in the 
southern part of the province, since the year 1706, after 
the return of the expedition against St. Augustine. It 
appears that the bills were not made a tender in all pay- 
ments, but only in case of contracts, made in rated com- 
modities* The extreme scarcity of the precious metals, 
had thus early taught the inhabitants, to substitute the 
contract of barter tor that of sale, and rate the principal 
articles of the produce of the country, by a legal tariff, 
so that payment might, in all cases of barter, be effected 
by the delivery of any kind of produce, the debtor might 
offer. Contracts, for the payment of money, were not 
affected by the new act. From that day to the present, 
the experience of one century has not enabled the people 
to carry on ordinary dealings between man and man, 
without tie aid of paper money. 

Immediately after the adjournment of the legislature, 
colonel Moore sat off for Pamplico, in order to collect 
his Indians, whom he had ordered to range on the lands 
of the Tuscaroras, with a view to watch their motions, 
and to obtain the earliest intelligence, in case of their 
embodying for a new attack. The colonel marched 
with them against the Matchapungoes, who occupied 
that part of the country, which is now known as thu 
county of Hyde; and president Pollock sent a body of 
militia by v/ater, to effect a descent on their lands. On 
the approacii of these forces, the Indians sought a shel- 
ter in the Dismal Swamp, a vast desert, one hundred 
miles in length, and of considerable breadth, full of lakes 
and quagmires, in which it was impossible for the w hites 
to follow them: they had with them, portable canoes, 
with which they reached its most distant extremities. 

N. CARD. 34 



26^ CHAPTER [17 IS 

Colonel Moore's Indians were of peculiar service on 
this occasion : they hunted out the foe, made several 
prisoners, and brought a considerable number ot scalps. 

From thence, the militia and ailied Indians, marched 
to that part of the country, near which, the present town 
of Beaufort stands, where they vi;;orously attacked and 
despatched a party of the Core Indians, who were 
lurking about on the south side of Neuse river, occa- 
sionally destroying the settlers, about the town of New- 
bern, or crossing the sound, joined the Matchapungoes, 
in their irruptions on that of Bath. Colonel Moore 
destroyed a great number of canoes, wisich they had 
collected, burnt their town and laid their plantations 
waste. 

In the latter part of June, the Tuscaroras, who had 
again occupied Fort Carunche, evacuated it and joining 
the rest of the nation, on Roanoke river, abandoned Car- 
olina. They migrated northerly, towards Canada, near 
the south east end of lake Oneida, on the shores of 
which they settled. They were admitted into the con- 
federacy of fhe five nations, which, from this time, were 
known by the appellation of the Six Nations : the Tus- 
caroras becoming the sixth member in the union. 

Of the thousand Indians, who had accompanied colo- 
nel Moore from Charleston, one hundred only, were 
now with him. In the latter part of the month of Au- 
gust, the Matchapungoes and the Cores, having sued 
for peace, Tom Blunt, and the few individuals of his 
nation, who had remained behind, continuing tranquil, 
and forming a sufficient barrier between the back settle- 
ments and the Cothechneys, colonel Moore returned^ 
by water, to Charleston. 



1713] 



THE THIRTEENTH. 



261 



**The differences and divisions among the people," 
said president Pollock, in a letter to lord Carteret, of the 
15th of October, " have, in a manner subsided ; most of 
our enemy Indians killed, taken, submitted, or fled, so 
that there are, but foriy or fifty individuals hovering on 
our frontiers, that we can hear of. The Quakers, 
though very refractory under president Glover's and go- 
vernor Hyde's administrations, since I have been en- 
trusted vvi h the government, I must needs acknowledge, 
have been as ready, in supplying provisions for the 
forces, as any other inhabitants of the province." 



Chalmers — History of South CaroUna'^Recordsc 



CHAPTER XIV. 

On the 30th of March, 1713, peace was concluded 
between England and France. Louis XIV. recogniz- 
ed the succession of the British throne in the protec- 
tant line. The bay of Hudson was declared to belong 
to Great Britain, a tit re de restitution^ and Nova Sco- 
tia, hitherto called Acadia, Newfoundland and the ad- 
jacent islands, a titre de noucelle acquisition. The 
exclusive riorht of fishing on the coast of Nova Scotia 
was given to Great Britain. The French retained 
I'isle Royale and that of Cape Breton. Commission- 
ers were agreed to be appointed to settle the limits of 
the American dominions of both nations. 

Peace was at the same time made with Spain. She 
ceded to Great Britain Gihraltar and the island of 
Minorca. Independently of these two very valuable 
acquisitions. Great Britain acquired two very impor- 
tant advantages, el pacio de el ass lento de negro»^ 
and an implied recognition of their claim to the log- 
wood trade, 

Elpaclo de el assiento de negros^ was a contract 
which secured the British the privilege of supplying, 
in exclusion of Spanish subjects, several parts of 
Spanish America, with negroes. This privilege had 
at first been enjoyed by the French Guinea Company, 
under a convention, which began the 1st of Septem- 



270 CHAPTER. [1713 

ber 1701, and ended on the same day, in the year 
1712. The British had appHed themselves to thwart 
the operations of that company, which was inclined 
by its losses to quit that service. The British obtain- 
ed it on the 26th of March 1713. The treaty be- 
tween France and Spain, however, left some share of 
it to the French, but as the British had obtained better 
prices than those given to the French, the latter were 
soon evicted. This traffic, aUhough to be confined 
to ihe islands, opened the way to the main, and to the 
commerce that it facilitated, was one of the motives 
of the war which the peace of Utrecht terminated. 

The clause of uti possidetis in the treaty between 
Great Britain and Spain, m the year 1070, which al- 
lowed, in the opinion of the former, the right of the 
English to cut logwood in the bay of Cam peachy 
was recognized, anrl confirmed, " without any pre- 
judice, however, to any liberty or power, which the 
subjects of Great Britain enjoyed before, either 
through right, sufferance or indulgence." 

On the 13th of July, the duke of Beaufort, pala- 
tine of Carolina, granted a commission to Charles 
Eden, as governor of North Carolina. He arrived in 
the spring of the following year, and qualified on the 
28th of May. His instructions differ very little from 
those of governor Hyde. He was directed not to allow 
the survey of land, at a greater distance than twenty 
miles from the rivers Cape Fear and Trent. The 
quit rents were now fixed at ten shillings sterling for 
every thousand acres. The expenses of government 
were now encreased: they amounted this year to up- 
wards of nine hundred pounds sterling. The salary 
©f the chief magistrate was raised to three hundred 



1714] THE FOURTEENTH. 271 

pounds. The sale of land and the collection of quit 
rents did not produce to the treasury much more 
than eleven hundred pounds, and the net revenue 
was one hundred and sixty-nine pounds, seven shil- 
lings and ten pence. One half of a century had alrea- 
dy elapsed since the lords proprietors had obtained 
the king's charter, for perhaps the most unexampled 
concession of land. They had spent considerable sums 
of money in peopling and governing their province, 
and yet, at this very late hour, it hardly yielded a reve- 
nue of twenty pounds a year, to each of the eight 
proprietors. 

Governor Eden found the part of his province in 
a state of incipient convalescence. He visited its 
precincts and was every where received with marks of 
cordiality and respect. He found every where the 
planters returned on their farms, endeavoring to re- 
trieve, by agricultural labours, the losses which they 
had sustained during the war. 

It does not appear that there was any meeting of 
the legislative body during the first year after the gov- 
ernor's arrival. It is believed there was none, as there 
was one on the preceding year, and the sessions of 
that body were biennial. 

On the 24th of May, Henry, duke of Beaufort, the 
palatine, died, and was succeeded in that dignity by 
John, lord Carteret. 

On the 1st of August, queen Anne died, and in the 
fall George I. was proclaimed, as the lawful sove- 
reign of the British empire, and of the province of 
Carolina. 

In the month of February, the govrrnor and coun- 



27S CHAPTER [1715 

cil concluded a treaty of peace with the Core and 
Matchapungolndians. The two tribes were so reduc- 
ed in numbers that they united in one settlement, 
and lands were allotted to them near Mattamuskeet 
lake, in the precincts of Hyde. An agent was ap- 
pointed to reside in their neighborhood. 

The storm, that had just subsided in the northern 
part of Carolina, now broke out with increased fury 
in the south. All the tribes of Indians, from Cape 
Fear to Florida entered into a confederacy for the 
destruction of the whites. The principal tribe of the 
Yamassees, who dwelt on the back of Port Royal 
island, acted in this tragedy the same part which the 
Tuscaroras had perfr^rm^^d ff)ur years before on 
Roanoke. Oii the !25tii of April, about break of day 
the cries of vvar gave universal alarm, and in a few 
hours about ninety persons were massacred in Poco- 
taligo and the neighboring plantations. A captain of 
militia, escaping to Port Royal, alarmed the town, 
and a vessel happening to be in ihe harbour, the in- 
habitants repaired precipitately on board, sailed to 
Charleston, and thus providentially escaped a massa-. 
ere. A few families of planters on the island, not 
having timely notice of the danger, fell into the hands 
of the savages. While the Yamassees were thus fall- 
ing on Port Royal, the Sauras, Saponas and Sissipa- 
haw tribes who dwell towards the river of Cape Fear 
ran down upon the plantations, between that stream 
and Charleston. The city itself trembled for its peri- 
lous situation. In this hour of terror, although there 
were not on the muster roll of this part of the pro- 
vince, more than twelve hundred men fit to bear arms. 



1715] THE FOURTEENTH. 273 

the governor resolved on collecting as much of this 
small force as he could to march against the enemy. 
He proclaimed martial law, and laid an embargo on 
all ships to prevent either men or provisions from leav- 
ing the country. The Indians having murdered a 
family on a plantation to the north of Charleston, 
at the distance of about fifty miles, captain Barker, 
at the head of a party of ninety horsemen, marched 
towards the foe; but, being compelled to confide in an 
Indian guide, was treacherously led in an ambuscade, 
where he was slain, with the greater part of his men : 
the rest retreated in confusion. A party of ahout 
four hundred Indians came down on lower Goose 
creek, where seventy men and forty negroes had sur- 
rounded themselves with a breastwork, with the re- 
solution of maintaining their post Discouraged, how- 
ever, about as soon as attacked, they rashly agreed to 
terms of peace; but, on admitting the enemy within 
their works, they were barbarously murdered. The 
Indians now advanced towards Charleston, but were 
repulsed by governor Craven, at the head of the 
militia. The Yamassees, in the mean while, with the 
tribes near them, had spread desolation through the 
parish of St. Bartholomew, and proceeded down to 
Stono. Governor Craven's men, advancing with cau- 
tious step, dispersed their straggling parties, until he 
reached the Saltcatchers, where the Indians had pitch- 
ed their main camp. Here was fought a severe and 
bloody battle, from behind trees and banks; the Indi- 
ans, with their terrible war whoop^ alternately retreat- 
ing and returning with redoubled fury to the charge. 
The governor, undismayed, pressed closely on widi 
N. CARO. 35 



U1I4 CHAPTER [ITlii 

his militia, pursuing the Indians over Savannah riven 
The enemy sought sheUer in the province of Florida^ 
where they were hospitably received. During this 
war, four hundred white inhabitants were slain. 

Intelligence of its breaking out did no sooner 
reach the Core and Matchapungo Indians, than they 
attempted to avail themselves of the confusion, which 
the alarm created in the county of Bath, by irruptions 
on distant plantations, where they slaughtered several 
individuals. Governor Eden called out a part of the 
militia and prevailed on some of them to march to 
cape Fear and Charleston, if needed, to the aid of th« 
white people there. Colonel Maurice Moore headed 
a troop of horse on this service. 

Three small forts were now erected on the Con- 
garee. Savannah and Apalachicola rivers, to protect 
the province of Carolina against the excursions of the 
Yamassees from Florida. 

On the 13th of September, governor Eden issued 
his proclamation for convening the legislative body 
on the ISdiof November. Hitherto, for several ses- 
sions, it had assembled in the church of the precincts 
of Chowan. It was now directed to meet on the 
plantation of John Hecklefield, one of the lords pro- 
prietors* deputies, on Little river, the stream that 
divides the counties of Pasquotank and Perquimans. 

The acts, that were passed at this session, are the 
oldest at present on record, that have survived the 
ravages of time. It is believed a revision of all for- 
mer acts was had at this period: certain it is that, 
on the rise of the legislature,there remained no acts in 
force, except such as were passed or confirmed dur- 



nia] THE FOURTEENTH. ms 

ing the session. They were directed to be printed, 
but as no printed copy is extant, and manuscript ones 
may be found in some Hbraries, it is imagined the or- 
der of the legislature in this respect was never carried 
into execution. A specific tax of one bushel of In- 
dian corn, upon every titheable inhabitant was laid for 
the support of some forces, which it was judged still 
necessary to keep on the frontiers for the defence of 
the back settlers, and to discharge part of the debt 
due to the government of South Carolina. The ex- 
treme scarcity of a circulating medium again induc- 
ed the legislature to resort to the press, and an emis- 
sion of twenty thousand pounds in bills of credit was 
ordered. We have seen that eight thousand pounds 
had been emitted in 1713. A clause in the act, pass- 
ed for the new emission, induces a belief that several 
others had preceded, and rendered some palliative 
necessary. The act denounces any member of a fu- 
ture legislature, who may move any proposition, in 
the opinion of the house, derogatory or preju- 
dicial to the credit of the bills about to be emit- 
ted, or to any new emission, as an enemy to the lords 
proprietors and the province. If the man hold a 
seat in the upper house, he is to be fined in the sum of 
twenty pounds and his seat is to be vacated till the 
pleasure of the lords proprietors be known ; if he 
be a member of the lower house, he is to be fined in 
the same sum and expelled from the house, and de- 
clared incapable of ever holding a seat therein. A 
tax was laid for raising annually the sum of two thou- 
sand pounds, to be applied to the redemption of (he 
bills. An act was passed for establishing the church 



276 CHAPTER [1716 

of England and the election of vestrymen ; but provi- 
sion was made, at the same time, for liberty of con- 
science, and for the substitution of a solemn afRrma- 
tioo, in lieu of an oath, in favor of the Quakers. An 
act was passed for establishing the town of Carteret, 
on the island of Roanoke. This island, remarkable 
only as the cradle of the first English colony in the 
new world, must have had at this time a proportiona- 
bly greater population, than it now enjoys. However, 
it seems, in the language of Thomas Jefferson, the 
legislature, in this instance, said there should be a 
town, where nature had said there should be none ; 
for no vestige remains of the town, besides its name 
in the few copies of the acts erecting it, which ere ex- 
tant. Provision was made for pilots at Roanoke and 
Ocracock inlets, for roads and ferries, weights and 
measures, the building of mills, the suppression of 
vice and immorality, and for keeping the 22d of Sep- 
tember, the anniversary of the late massacre, as a day 
of fasting, humiliation and prayer ; a duty was laid 
on the tonnage of vessels, to supply ammunition 
for a public magazine; priority was given to debts 
contracted in the country; the damage on bills of 
exchange v^as regulated ; the rate and place of delive- 
ry of staple commodities were fixed; the fees of 
officers ascertained ; the election for members of the 
legislature regulated ; the rights and duties of mas- 
ters and servants settled ; a court law was passed ; the 
common law and some English statutes introduced : 
indeed, the acts of this session appear to form a com- 
plete code. 

In the latter part of the session, Edward Moseley, 
the speaker of the assembly, and some of the other 



1715] THE FOURTEENTH. 277 

members, who had supported president Carey during 
his insurrection, and had since opposed governor 
Hyde, carried through the house a number of resolu- 
tions, censuring the present administration. They 
voted, "that the impressing of the inhabitants or their 
property, under pretence of its being for the pubjic 
service, without authority from the assembly, was un- 
warrantable, a great infringement of the liberty of the 
subject, and very much weakened the government, 
by causing many to leave it: that the late treatment 
of the Core Indians, contrary to the treaty made with 
them, and the tenor of an act of assembly relating to 
Indian affairs, was injurious to the justice of the gov- 
ernment and likely to involve it in war: that such 
persons as refuse to take the public bills of credit, 
in payment for fees or quit rents, or demand or receive 
any allowance for taking them, very much lessen their 
credit, and are guilty of a very great breach of the 
act of assembly." 

The house appointed Edward Moseley, Joseph 
Jessup, Thomas Boyd, William Swann, John Por- 
ter, Frederick Jones, and D. McFarlane, or any four 
of them, a committee, with full power and authority 
to represent the deplorable circumstances of the 
colony to the lords proprietors, and entreat them to 
accept the public bills of credit for the purchase of 
land and the payment of quit rents, as well in that 
government, as in that of South Carolina. 

The upper house reprobated these resolutions, as 
being clandestinely obtained, not having been com- 
municated to them, as tending to the infringement of 
the authority of government, whose undoul)ted pre- 



278 CHAPTER [1715 

rogative it was to suppress invasions and insurrections, 
and provide against unforseen emergencies: as at- 
tacking the prerogatives of the lords proprietors, and 
creating in them jealousies of the faithful services of 
their officers in the province: and, as intended to give 
ill and disaffected persons an opportunity of clandes- 
tinely venting their malice, to the lords proprietors, 
against the present administration, under colour of the 
authority of the people. 

In the summer, the governor issued a proclamation 
for dissolving the assembly. 

It appears that there were, at this time, two thousand 
taxable inhabitants in the settlement, and that one 
million of acres of land had been granted by the lords 
proprietors. 

The lords proprietors, disregarding the remon- 
strance and petition of the assembly, instructed their 
receiver general, in Carolina, to demand the price of 
land, and the quit rents, in sterling money. 

The province of Virginia having procured from the 
Indians the cession of a vast tract of land, beyond the 
Apalachy mountains, governor Spotswood formed the 
design of raising a company, who should acquire 
those lands from the crown, and settle a colony there. 
But the good understanding, that then prevailed be- 
tween Great Britain and France, prevented the suc- 
cess of his scheme. It went, however, so far into 
effect, that three millions of acres were granted by the 
colony to the west of the Apalachy mountains. The 
plan of ihe governor was, about half a century after, 
improved on, by the establishment of the Ohi« 
company. 



1717] THE FOURTEENTH. 2T9 

Experience having shown that the punishments, 
inflicted by the laws in force in the mother country, 
against persons guilty of robbery and larceny, had 
not proven effectual to deter the wicked ; and many 
offenders, to whom the royal mercy had been extended, 
on condition of transporting themselves to America, 
having neglected to perform the condition of their 
pardon, but returned to their former practices, 
came at length to an ignominious death ; and there 
being in many of the American colonies a great want 
of servants, who, by their labour and industry, might 
be the means of improving, and making them 
more useful to the mother country, a statute was 
passed, (4 Geo. J. c. 11.) by which persons, convicted 
of clergyable offences, were directed to be transported 
for seven years, to the king's plantations and colo- 
nies in America: persons convicted of mitigatable 
offences, to whom the king might extend his pardon, 
and receivers of stolen goods, were transported for 
seven years. Transported persons, returning before 
the expiration of the time, for which they were trans- 
ported, were to be punished capitally; and, with a 
view to encourage a more useful class of emigrants, 
merchants and others were permitted to contract with 
persons, between the ages of fifteen and twenty-one, 
willing to be transported, and enter into service, in any 
of his majesty's colonies and plantations in America, 
for their services during the period of eight years. 

The few individuals of the Tuscarora nation, who 
had remained with king Blunt, on the migration of the 
main body of the nation towards the lakes, had land 
allotted to them on Pamplico riv(^r. The smallness of 
their number, disabling them from resisting rhe attacks 



280 CHAPTER [1718 

of the southern Indians, governor Eden and the 
council, on the 5th of June, entered into a treaty, by 
which the land on PampHco was abandoned by the 
Indians, and another tract granted to them, on Ro- 
anoke river, in the present county of Bertie, in con- 
sideration of which, they relinquished all claims to 
any other land in the province. The descendants of 
these Indians, at this day, though removed to the 
northern lakes, still retain their right to the land, thus 
granted them, and have, at various times, sent agents to 
collect the rents accruing thereon, in which they have 
been assisted by the legislature. 

Merchants and masters of ships had, in their trade 
to America and the West Indies, suffered much from 
the barbarity and depredations of pirates. On their 
complaint to the king in council, a proclamation had 
been issued, promising a pardon to all pirates who 
should surrender themselves within the space of twelve 
months: and at the same time a force was ordered to 
sea, to suppress them. The island of Providence 
being their common place of resort, captain Wood 
Rogers sailed with a few ships of war against the 
island, and took possession of it for the crown of Eng- 
land. It will be recollected, that this island, with the 
rest of the Bahamas, had, in 1665, been granted to 
the lords proprietors of Carolina, who had made efforts 
to settle a colony in these parts. All the pirates, ex- 
cept one Vane, with about ninety others, (who made 
their escape in a sloop) took the benefit of the king's 
proclamation and surrendered. Rogers, who was 
constituted governor of the island, formed a council, 
appointed civil and military officers, built forts, and 



1718] THE FOURTEENTH. 281 

from this time the trade of the West ladies was well 
protected against those lawless plunderers. 

They were not yet, however, extirpated from the 
southern shores of the continent About thirty of 
them took possession of the land at the mouth of cape 
Fear river, the plantations which had been, about 
forty years before, begun in this part of the province, 
having been long since abandoned. They infested 
the coast of Carolina, and did immense injury to the 
commerce of Charleston. Governor Johnson of 
South Carolina, resolving to check this alarming evil^ 
sent out to sea a ship of force, which captured one of 
their sloops, and brought Steed Bennet, the com- 
mander, and about ihirty-nine men, to Charles- 
ton. The governor soon after embarked in person, 
and sailed in pursuit of an armed sloop, which, after a 
desperate engagement, was also taken. Two pirates, 
who alone survived the action, were instantly tried, 
condemned and executed. Bennet, and his crew, 
were also tried, and all, excepting one man, w^ere 
hanged. 

Edward Teach, commonly called Black Beard, 
a noted freebooter, still made the coast of Carolina 
the station of a small squadron, which he commanded. 
His flag was hoisted on board of a forty gurj ship, tiie 
crew of which consisted of one hundred men. He 
had with him six other vessels. Bennet, before his 
capture, and Vane and VVirley, were the officers next 
in grade to him. The inlets of Ocracock and Top- 
sail and the river of cape Fear, were the places from 
which they salhed forth, and to which they retreated 
for safety. In the month of May, Tcacli came ic 

N.. CARO. 36 



2^ - CHAPTER 0718 

cruize before the bar of Charleston, with his forty gun 
ship. Having captured a ship, on board of which 
Samuel Wragg, a member of the council of the pro- 
vince of South Carolina, had taken his passage, he 
robbed that gentleman of six thousand dollars, in 
specie, and taking him on board of his ship, as a pri- 
soner, with several other passengers, sent four of his 
men to Charleston, to demand of governor Johnson, 
a chest of medicine, threatening to behead Samuel 
Wragg, and the other passengers, unless the chest was 
sent. The pirates staid in town some time, walking 
publicly along Main street, while they waited for the 
governor's answer. At last, the desire of saving the 
life of the prisoners induced a compromise, and the 
pirates w^ere suffered to return on board, unmolested, 
with the chest. 

Soon after, Vaughan, one of Teaches captains, lying 
off the bar, sent in a like insolent message. The in- 
dignation of the people was raised, and some ships 
were fitted out, for the purpose of taking him, but 
Vaughan, having had intimation of their intention, 
escaped. 

Teach came into North Carolina, where he intend- 
ed to break up his company, and secure the plunder 
he had collected, and proceeded to Eden's house, w^th 
twenty of his men, where, pleading the king's pardon, 
they obtained the governor's certificate. A court of 
admiralty being soon after held at Bath, Teach ob- 
tained the condemnation of a sloop, as a good prize, 
although he never had a commission. He now mar- 
ried a young girl, his thirteenth wife, and having spent 
some time rioting in Pamplico, he sailed on a cruize. 



niB) - THE FOURTEENTH. 283 

and shortly after, returned with a valuable prize, a 
French ship, laden with sugar and cocoa. Four 
men swore she had been found at sea, without any 
person on board : on this evidence, the court of ad- 
miralty adjudged her, as a lawful prize, to the captors. 
There were men, unfriendly to governor Eden, and to 
the judge, Tobias Knight, who said, that the governor 
had received sixty hogsheads of sugar, as a douceur, 
and the judge twenty; and in order to elude every 
means of enquiry into the affair, the ship, on a sugges- 
tion, that she was leaky and unseaworthy, was con- 
sumed by fire. 

Teach remained in the river, trading with the small 
vessels that came in, and with the planters, for provi- 
sions and other things, in exchange for his part of the 
plunder. They complained of his want of correctness 
in the application of the rule of meum et tuum^ and 
imagining that the governor did not exert his autho- 
rity in a manner sufficiently energetic to afford them 
ledress, sent a message to governor Spotswood, to so- 
licit his influence with the commodore on that station, 
for a small force, to subdue the pirate. Accordingly 
two sloops were fitted out, and Robert Maynard, a 
lieutenant of the royal navy, was ordered to proceed 
with them to North Carolina. A proclamation was, 
at the same time issued by governor Spotswood, offer- 
ing a reward of one hundred pounds for the apprehen- 
sion of Teach, fifteen pounds for every officer, and 
ten pounds for every other man, taken out of his 
sloops. Lieutenant Maynard left James river on the 
17th of November, and four days after passed Ocra- 
cock bar, and shortly after approached tlie pirate. 



284 CHAPTER 1718] 

Although the expedition had been fitted out with great 
caution and secresy, yet Teach had been apprized of 
the Heutenant's motions, and had accordingly put 
himself in a posture of defence. His force consisted 
of twenty-five men. Lieutenant Maynard, on disco- 
vering Teach's vessel, came to an anchor, the diffi- 
culty of the channel requiring this precaution. In 
the morning, he came within gun-shot of her, and 
received her fire ; whereupon he stood directly to- 
wards the pirate, endeavoring to make a running 
fight, but run aground. Teach hailed him, with hor- 
rid imprecations ; boasting he neither would take nor 
receive quarter. A bloody fight immediately ensued, 
and the lieutenant's men being much exposed, he lost 
twenty of them, at one broadside ; on which he ordered 
all the others below, bidding them to be ready for 
close fighting on the first signal. The pirate poured 
in his granadoes, and seeing no person on deck, or- 
dered his men to board the enemy. The lieutenant 
calling his men on deck, fell on the assailants. The 
two commanders fired first at each other, and instantly 
drew their diriis, while their men, being as eagerly 
engaged, the deck was soon covered with gore. Teach 
fell, exhausted by the loss of blood from a number of 
wounds: eight, out of fourteen, of the pirates who had 
boarded the king's vessel were killed, and the other 
six, totally disabled by their wounds, sued for mercy. 
The men who had remained on board of Teach's 
vessel were next attacked, with the same bravery, and 
surrendered. Their commander, after firing the first 
broadside, seeing but litde hope of an escape, had 
placed a desperate negro, with a firebrand, at the ma- 



1718J THE FOURTEENTH. ^1/ 

gazine, with orders to apply it the moment the enemy 
boarded the sloop. He was with difficuhy dis- 
suaded from doing so, ahhough informed of the death 
of his master. 

Lieutenant Maynard caused Teaches head to be se- 
vered from the body, and hung from the end of his bow- 
sprit, and then sailed up to the town of Bath, where he 
landed his men. After they were a little recovered, he 
returned with the pirate's crew to James river, the head 
still hanging from the bowsprit. They were tried in the 
court of admiralty, and thirteen of them were hung. 

Edward Teach was born in Bristol, and had served 
several years during the last war on board of a privateer, 
fitted out in Jamaica, and had distinguished himself for 
his intrepidity and boldness. In the year 1706, he 
joined one Hornsgold, a pirate, with whom he went on 
a cruize, between the island of Providence and the con- 
tinent. Having captured a sloop, of which Hornsgold 
gave him the command, he took with her, soon after, a 
French Gurneaman, bound to Martinico : he put forty 
guns on board, and called her Queen Anne's Revenge, 
and went on a cruize, with the sloop as a«tender, to South 
America and the Canary islands, where he heard of the 
king's proclamation. Having collected much plunder, 
and being desirous of diminishing the number of those 
with whom it was to be shared, he ran aground, as if by 
accident, and abandoning seventeen men on a desert 
island, where they must haye perished, if they had not 
soon after been taken off by Steed Bennet, one of his 
captains : he had come to Carolina. 

The adherents to president Carey still continued 
their opposition to the measures of the administration, 
and on Christmas dav, Maurice Moore and Kdward 



!2S6 CHAPTER [1718 

Moseley possessed themselves of all the papers in the 
office of the secretary of the province, in the custody of 
John Lovick, the deputy secretary, at Sandy point. 
The governor had them instantly arrested, and called a 
meeting of the council, who approved of his conduct, 
and ordered those gentleman to remain committed, till 
they gave bail to stand their trial. They were after- 
wards tried, in the general court, and Edward Moseley 
was convicted, fined one hundred pounds, silenced as 
an attorney, and declared incai)able of holding any place 
of trust or profit, under the government, during three 
years, and ordered to give security for his good beha«» 
viour for a year and a day. 

Governor Eden laid before the council an account of 
his proceedings, on the surrender of Teach and his men, 
of some disorder ' committed by them in Bath, of 
the means by which he put a stop to them, of Teach's 
clearing out for St, Thomas, and returning soon after 
with a wreck, loaded with sugar and cocoa ; and a 
statement of his conduct towards the pirates, till Teach 
was killed, and the others carried to Virginia. The 
council expressed their approbation of the governor's 
conduct. 

Daring the trial of these men at^Williamsburg, seve- 
ral witnesses charged Tobias Knight, who exercised the 
functions of chief justice, in the absence of chief justice 
Gale, with having been accessray to their piracies. This 
induced the council to call him before them ; but, on 
examining into the case, they found no cause of sus- 
pecting him. 

The lords proprietors had rendered themselves most 
obnoxious to their tenants in Carolina. Joseph Boor 
had returned to Charleston, without having been abfe 



17 19^ THE FOURTEENTH. ^^ 

to obtain 9ny redress. An association was formed, with 
a view to unite the whole colony, in an attempt to destroy 
the proprietors' government. Governor Johnson had 
put an end to a contest between him and the assemby 
of his part of the province, by a dissolution of the latter, 
and, after issuing his proclamation for that purpose, had 
retired into the country. The house, when the marshal 
attempted to read the proclamation, ordered it to be 
torn from his hands. This measure was followed by 
the immediate rise of the standard of revolt. The 
assembly called James Moore, (the officer who liad 
headtd the succour to North Carolina, about seven 
years before) to the supreme magistracy, as governor 
for the king, and appointed him a council, and the new 
form of government went into operation, without the 
least confusion or struggle. Governor Johnston, how- 
ever, having unsuccessfully attempted to thwart these 
measures, made a last bold effort to recover his au- 
thority. He was joined by the commander of a small 
naval force, that was then in the province. The ships 
of war came, and laid their broadsides towards Charles- 
ton, and threatened the destruction of it, if the inhabitants 
persisted in refusing obedience to legal authority : but 
the people, having anns in their hands, and forts in their 
possession, bid defiance to the governor, and he relin- 
quished his attempt to re-establish the proprietors' 
government. 

This year, the town of Pensacola was taken by the 
French from the Spaniards, who retook it a few months 
after. 

The flame of revolution, which had burst out in 
South Carolina, did not extend to the north, c nd on the 
19th of February, governor Eden and his council ad- 



X 



S>88 CHAPTER [1720 

dressed the lords proprietors, assuring them of their utter 
detestation of the proceedings by the people at Charleston, 
and that nothing in their power should be wanting to 
promote their interest in the northern part of the pro- 
vince ; that they were entirely easy and satisfied under 
their lordships' government, and would always use 
their utmost endeavours to maintain it. 

In the month of August, governor Eden met the le- 
gislature at the court house of the precinct of Chowan ; 
it sat but eighteen days ; no very important act w^as 
passed during this session ; the land and poll taxes were 
lessened, an evidence of the tranquility of the country. 
By an act of this session, it appears, a town had some 
time before been established by law in the precinct of 
Chowan, which in honor of the governor was called 
Edenton ; the original act is not extant, and it is im- 
possible to establish its date. 

The agent of the people of South Carolina, during the 
absence of the king at Hanover, obtained a hear- 
ing from the lords of the regency and council in Eng- 
land, who were of opinion, that the lords proprietors had 
forfeited their charter. In conformity to this decision, 
he ordered the attorney general to take out a scire 
facias against it, and in September, Francis Nicholson, 
who had lately presided over the provinces of Virginia, 
and Marjdand, received the king's commission as gover- 
nor of South Carolina : it does not appear that his au- 
thority was ever exercised in North Carolina. It is bcr 
lieved, that at this time, the authority of the lords pro- 
prietors ceased to be acted under in the southern part of 
the province. In the northern, the acts of the legisla- 
ture and every other act of government, till the arrival of 
governor Burrington, with a royal commission, in 1730, 



1721] THE FOURTEENTH. 283 

appear to have been enacted by the authority of the lords 
proprietors. 

Governor Nicholson arrived in Charleston early in 
the following year, and soon after convened the legisla- 
ture : they recognized king George as their immediate 
lord, and proceeded with cheerfulness and harmony to 
the regulation of the affairs of the colony. Before go- 
vernor Nicholson left England, a suspension of arms 
between Great Britain and Spain had taken place, and by 
the treaty of peace which succeeded, it was agreed that 
all subjects and Indians, living under these different ju- 
risdictions, should cease all acts of hostility : orders 
were sent out to the governor of St. Augustine, to for- 
bear molesting the people of Carolina, and governor 
Nicholson was instructed to cultivate the friendship and 
good will of the Spanish subjects and Indians in Florida. 
In conformity with these instructions, governor Nichol- 
son gave his first attention to fix the limits of the hunt- 
ing grounds of the Indians, and forbid any encroach- 
ments on their hunting grounds. With this view, he 
sent a message to the Cherokees, inviting their chiefs 
to a general congress : he met them, smoked the calu- 
met with them, marked the boundaries of their lands, 
and appointed an agent to regulate their affairs. He 
then held a treaty with the Creeks, appointed an agent 
to reside among them, and fixed on Savannah riwr, as 
the boundary of their hunting grounds, beyond which 
no settlement was to extend. 

By a statute passed this year, (8 Geo. 1. c. 12.) the 
premium on the importation of hemp from America, 
was continued ; v/ood, plank and timber, wrought or 
unwrought, were allowed to be imported from the colo- 
nies in America, free from duty : restrictions were im- 

N. CAHLO. 37 



29a CBfAPTER [1721 

posed on the cutting or falling of any white pine trees 
in the northern colonies. 

By the articles of the treaty of peace, ratified this year 
between France and Spain, Pensacola, which the Frt- nch 
had taken a second time, was restored to his Catholic 
majesty. The seat of government of the province of 
Louisiana was removed from Biloxi to New Orleans, 
which had been laid out since 1717, but which did not 
take any consistency till after this removal. The pro- 
vince was reduced to such a distressed state, that many 
of the colonists came over to Charleston : the number of 
these people was so great, that governor Nicholson ad- 
vised monsieur de Bienville, governor of Louisiana, to 
take measures to prevent the further desertion of his 
people. 

The endeavours of the French, to confine the Eng- 
lish colonies to narrow limits along the sea coast, by a 
chain of forts, on the great passes from Canada to Lou- 
isiana, were now so apparent, that governor Burnett, of 
New York, concluded it to be of the utmost importance 
to get the command of Lake Ontario, to secure the trade 
and friendship of the six nations, and frustrate the de- 
signs of the French : he therefore began the erection of 
a trading house at Oswego, in the country of the 
Senekas, 

Daniel Coxe, the son of the proprietor of the province 
of Carolana, who had attempted, during the reign of 
queen Anne, to induce the ministry to yield to the set- 
tlement of his province the aid which had been promised 
him in the former reign, without success, owing to the 
wary which occupied their attention, now made a 
new effort to draw the public attention to his views, by 
the publication of a description of Carolana, and an ex- 
tract of his memorial to king William. 



1722] THE FOURTEENTH, 291 

The king this year granted to John, dake of Mon- 
tague, liis letters patent, constituting him captain gene- 
ral of St. Lucia and St. Vincent, with liberty to settle 
those islands with British subjects. The duke's at- 
tempt being opposed by the French, miscarried. Three 
years before, monsieur D'Estree had obtained from 
the regent of France a grant of St. Lucia, and sent s 
colony to possess and settle it : but on a remonstrance 
of the British ambassador at Paris, he had orders to dis- 
continue his settlement, and withdraw the people from 
that island. St. Lucia was at this time evacuated by 
both French and English, and together with St. Vincent 
remai.jed a neutral island, until the treaty of 1763. 

On the 26th of Vlarch, governor Eden died : his 
tomb stone at Eden house, on Salmon creek, in the 
county of Chowan, informs posterity, that he " govern- 
ed the province eight years, to the greatest satisfaction 
of the lords proprietors, and the ease and happiness of 
the people; that he brought the country into a flourish- 
ing condition, and died much lamented, in the forty- 
ninth year of his life.*' 

During the war between France and Spain, under the 
regency of the duke of Orleans, the French of Louisiana 
attacked the Spanish mission in Texas, from Natchi- 
toches : the Spaniards retreated as far as San Antonio 
de Bexar. Li 1719, the marquis de Valero advanced 
with a considerable force, and drove the French back to 
ISfatchitoches. 



Chalmers — History of South Carolina — Records, 



CHAPTER XV. 

On the 30th of March, 1722, Thomas Pollock, the 
deputy of lord Carteret, qualified as president and 
commander in chief, under a commission from the lords 
proprietors. 

Oil the 8th of August, the precinct of Craven was 
divided, by an order of the president and council The 
eastern part, including all the land lying on Core sound, 
Bogue sound, the rivers and creeks running into 
them, and all the settlements to the south, was erected 
into a new precinct, which, in compliment to one of the 
lords proprietors, was called Carteret. Craven precinct, 
consisted of all the settlements on Neuse and Trent 
rivers, and their branches, including Bear river. 

Nearly about this time the Reverend Mr. Newman, 
whom, at the repeated solicitations of governor Eden, 
the society for propagating the gospel in foreign parts, 
had sent to North Carolina, arrived, and entered on 
the duties of his appointment. Like those of his pre- 
decessors, his reports to the society deplored the 
poverty and ignorance, and sometimes, the profligacy 
of his flock, the remote situation of the individuals of 
it, and the consequent hardships and fatigue, he had to 
endure. These brought on a severe illness, to which 
be soon after fell a victim. 

On the 30th of August, the president died; and on 
the 7tb of September, William Reed entered on the du- 



[1723 CHAPTER. 293 

ties of the office of president and commander in chief. 
This gentleman met the legislature, in the new town of 
Edenton, a few weeks after his election. The country- 
was in the calm moment of peace. The settlements on 
Neuse, around the town of Ne wbern, had considerably 
increased; but they were not accessible, with facility by 
land, from those around the town of Bath, on Pamplico 
river ; the communication by water was tedious, and at 
times, dangerous : a law was now passed, to open a 
road from Core point, between the two settlements. 
A sum of twelve thousand pounds, in bills of credit, 
was emitted, for the purpose of exchanging those which 
were afloat. The measure was not considered as de- 
structive of the credit of the currency, or a new Hege- 
torides encountered the penalties denounced by the act 
of 1715. It does not appear that any was exacted. 

Owing to the great charges government had been at, 
during the late Indian war, the preceding legislature had 
not taken care of establishing the precinct courts, in 
any fixed or certain places ; but they had hitherto been 
held at private houses, liabble to be removed at the plea- 
sure of the owner. This inconvenience was now reme- 
died; and the justices were ordered to have a court house 
erected in every precinct, except those of Hyde and 
Beaufort, for which, it was imagined, one would suffice. 
. The court house of the precinct of Carteret was directed 
to be built in a town which, about this time, began to be 
erected, which, in the following year, was etablished 
by law in that precinct, and in honor of the Duke 
of Beaufort, one of the lords proprietorss, was called 
Beaufort. Those of the precincts of Craven and Chowan, 
were directed to be built in the towns of Newbern and 
Edenton ; that of the precincts of Beaufort and Hyde, in 



294 CHAPTER [1723 

the town of Bath; that of the precinct of Perquimans, at 
Felps point, at the mouth of the Narrows : those of the 
precincts of Currituck and Pasquotank, at the choice of 
the justices. 

That part of the county of Albemarle, lying to the 
westward of Chowan river, was erected into a new pre- 
cinct, which was called Bertie, in honor of James Bertie, 
who, on the death of Seth Sothel, had purchased the 
share in the province, which had originally been held 
by the earl of Clarendon, or Henry Bertie, who held, 
afterwards, that of Sir William Berkely. The court 
house of this precinct was directed to be built at 
Abotskey. 

Settlements on Cape Fear river began, it is said, to 
be made this year; since the retreat of the planters 
brought there by Sir John Yeamans, no attempt had 
been made at agriculture on that river. There are, how- 
ever, no documents extant, from which the exact time, 
when the permanent settlement on that river began, can 
be ascertained ; it is, however, probable, that it hap- 
pened about this time. By the erection of the precinct of 
Carteret, the lands on Cape Fear river, at least, on the 
eastern side of that stream, were taken in as part of the 
new precinct, and regular government was extended 
thereto. 

In the following year, a fort was built high up on 
Connecticut river, which took the name of lieutenant 
Dummer, under whose direction it was built. Around 
it, a setdement began soon after, which was the origin of 
the present state of Vermont. 

President Reed met the legislature at Edenton, on 
the 23d of November. Peace continued to prevail, and 
the legislature thought themselves justifiable, in giving 



1724] THE FIFTEENTH. 295 

another direction to the tonnage duty, which had been 
imposed on all vessels, for the purpose of obtaining 
powder and ammunition, in 1715. The duty was now 
to be paid in money, to be employed for beaconing out 
the channels of Roanoke and Ocracock inlets. Provi- 
sion was made for obtaining impartial jurymen, for 
regulating elections, and settling the bounds and titles of 
land, for destroying vermin, and restraining the too 
great number of horses and mares, and improving the 
breed. 

George Burrington, who had been appointed to suc- 
ceed governor Eden, arrived early in the following year, 
and opened his commission at Edenton, on the 15th of 
January. 

According to his instructions, twelve counsellors 
were to compose his council, and the upper house of 
the legislature. He was authorized to fill vacancies in 
that body, by a provisional appointment ; and with the 
majority of the council, empowered to suspend any 
member of it. He was authorized to assent to laws not 
repugnant to those of England, and containing a clause, 
that they should not go into execution, until approved 
by the lords proprietors. This was a sesious restric- 
tion, when we consider the paucity of opportunities, 
which the colonists had, of transmitting their laws to 
England. He was particularly ordered to redeem and 
cancel the paper currency, and to enforce the execution 
of the statute, passed in the sixth year of the late queen's 
reign, for regulating the value of foreign coins, in the 
A-merican plantations. 

The officers of government, besides governor Bur- 
rington, were Christopher Gale, chief justice, James 
Stanway, attorney general, John Lovick, secretary 



236 CHAPTER [17^4 

of the province, Edward Moseley, surveyor general, 
Arthur GofFe, receiver general, John Dunstan, naval 
officer, and Henry Clayton, provost marshal. 

The expenses oi government, which were not covered 
by the receipts, were only six hundred pounds sterling: 
three hundred were paid to the governor, sixty to the 
chief justice, and the same sum to the secretary of the 
board of the lords proprietors, in England : forty 
pounds each, to the attorney general, secretary, surveyor 
general, and naval officer, and twenty pounds to the 
receiver general. 

The utmost tranquility continued to prevail in the 
settlement. A tract of land, containing eleven thousand 
three hundred and sixty acres, was laid out for the 
Chowan Indians, on Bennet and Catherine cieeks 

In the fall, Thomas Pollock, a son of the late presi- 
dent, was appointed chief justice ; and William Dun* 
ning Cullen Pollock, Isaac Hill, John Alston, and 
Robert Lloyd, associate justices. 

William Little, succeeded James Stanway, as attorney 
general. 

In the month of October, governor Burrington went 
to visit the incipient settlements on Cape Fear river. 
Considering this journey as almost an absence from his 
government, he devolved the power of chief magistrate, 
on Edward Moseley, as president and commander in chief. 

Governor Burrington presided but fifteen months 
over the settlement. If any legislature was in session, 
during his administration, no record of any of their pro- 
ceedings has been preserved. By an order of council, 
of the 24th of April, 1724, lands are directed to be grant, 
ed, in the county of Bath, on the petition of the lower 



1725X THE FIFTEENTH. ' ^1 

house of the legislature, which sat under president Reed, 
in the month of November, 1723. 

On the 7th of April, 1725, the lords proprietors ap- 
pointed Sir Richard Everard, as successor to governor 
Burrington; he qualified at Edenton, on the 17th 
of July. With him, arrived the Reverend W. Back- 
nail, a missionary, sent over by the society for propagat- 
ing the gospel, in foreign parts. The tranquility, in 
which he found the northern part of the province, did 
not prevail in the southern. No final agreement having 
yet been concluded, with respect to the limits of Florida 
and Carolina, the Indians, who were in alliance with 
Spain, particularly the Yamassees* continued to harrass 
the British settlements. Colonel Palmer, at length, to 
make reprisals, collected a party of militia and friendly 
Indians, to the number of about three hundred; he 
marched into Florida, as far as the gates of St. Augus- 
tine, and compelled the inhabitants to take refuge iu the 
castle. He destroyed their provisions in the fields, drove 
off their cattle, killed sonie Indians, and made others 
prisoners; burning almost every house in the colony, 
and leaving the Spaniards but little property, besides 
}vhat was protected by the guns of the fort. 

Richard Fitzwilliams, surveyor general of the cus- 
toms, for the southern district of North America, vis- 
iting the settlement, took his seat in the council next 
to the governor. 

The bishop of London, as patriarch of England, ex- 
tended his jurisdiction to the Britibh American colonies. 

The expenses of government exceeded the receipts, 
by the sum of two hundred and thirteen pounds nine- 
teen shilings and seven pence, in 1726; and two hun- 
dred and fifty-one pounds, nine shillings, in 1727. 

N. CARO. 38 



298 CHAPTER i;n26 

The lords proprietors required that every tract of land 
granted should be improved, by having thereon a house 
built, fifteen feet by ten, tight and habitable, of clap 
boards, or squared logs, with a roof, chimney and door 
place, a whole acre cleared, and the major part broken 
up and planted with fruit trees and grain. 

In 1726, the unhappy contest, began under Charles 
II., (1678) between the parent state and the island of 
Jamaica, ended. Matters were compromised, by agree- 
ment on the part of the assembly, to settle on the crown 
a perpetual revenue of eight thousand pounds a year, 
on condition that the quit rents, then estimated at one 
thousand four hundred and sixty pounds, per annum, 
should form a part of that sum. 2d. That the body of 
their laws should receive the royal assent. 3d. That all 
such laws and statutes of England, as had been at any 
time esteemed, introduced, used, accepted or received^ 
as laws of the island, should be and continue, laws of 
Jamaica, forever. This was implicitly to admit that 
the others were not, and a tacit renunciation of the 
power of parliament over the island. 

During the fall of the following year, accounts reach- 
ed the province of the demise of George I., which had 
occurred on the 20th of May, and George II. was pro- 
claimed. 

Sir Richard E verard met the legislature, at Edenton^ 
on the 6th of November. The acts of this session are 
few and unimportant. Provision was made for prevent- 
ing suits of little moment being brought in the general 
court; for obtaining different jurymen; for regulating 
towns and the election of members of assembly ; for 
regulating trade and facilitating navigation; for the 
destruction of vermin and the tanning of leather. 



1727] THE FIFTEENTH. 299 

The house of commons, in 1728, addressed the king A • ^'^'*^ 
praying Kim to contract with- the lords proprietors of ^ *^ 
Catjlina, for the purchase and surrender of their title to 
th<: province, promising to make the expense good, ou^ 
of he next aid granted by parliament. An unanimous 
ad< ;ress was also presented, beseeching the king to use 
Jiis utmost endeavors to prevent the depredations on the 
English trade in America ; to procure satisfaction for 
past ones, and secure a free commerce and navigation, to 
and from the British provinces in that quarter of the 
worid. 

This year, the boundary line was run, between the 
provinces of Virginia and Carolina, by the commission- 
ers of both, from the sea bhore to Peters creek, which 
falls into Dan river, a lirrle below the Saura tovvns, in 
the present county of R.ickinghara. The commission* 
€rs, on the part of Virginia, were William Byrd, William 
Dandrige and Richard Fitzwilliams : those on the part 
of Carolina were Christopher Gale, Edward Moseley 
and Samuel Swann. 

The commissioners met on the 5th of March, 1727, 
near Old Currituck inlet, which was then so shallow 
that the breakers beat over it with a horrible noise. On 
the north side, the land terminated in a bluff point, from 
which a spit of land extended, towards the south east 
fall, half a mile. The inlet was between that spit and 
another on the south, leaving an opening of not quite a 
mile, then impracticable for any vessel whatever. 

At two o'clock next morning, the variation was tried 
by a meridian taken from the north star, and found to be 
somewhgLt less than three degrees west. 

The commissioners from Virginia, in their diary, ob- 
serve, that their associates from Carolina, "brought not 



800 . CHAPTER [H^ 

^^•* §• above two men with them, that would put their hands 
^ S • to any thin^ but the kettle or frying pan ; and they spent 
so much of their industry that way, that the\ had but 
little spirit or inclination for any other work. 

** The women and children of the borderers came to 
stare at the commissioners, with as much curiosity as 
if thev had lately landed from Canton or Morocco. The 
men appeared all to dread, that the line should pass to 
the south of their land, as in that case they must sub- 
mit to some kind of order and government, while in Car- 
olina, every one did what was best in his own eyt s; and 
none paid any tribute to God or to Caesar. A justice 
of the peace, in the precinct of Currituck having, about 
this time, ordered a fellow into the stocks, for being dis- 
orderly in his drink, was, for his intemperate zeal, car- 
ried thither, and narrowly escaped being wlupped by the 
rabble." 

Many women brought their children to the chaplain 
of the commissioners of Virginia, to be baptized; but 
the gentleman who kept their dairy adds, "they brou;^ht 
no capon along with them to make the solemnity 
cheerful." ^ 

Although the reverend gentleman of Virginia christen^ 
ed upwards of one hundred children, during the running 
of the line, he did not marry a single couple. None 
were attracted by the novelty of having their hands 
joined by a man in holy order: they considered mar- 
riage as a civil contract only, and its knot as firmly tied 
by a justice, as by an archbishop. 

On the 6th of April, the weather growing warm, and 
the rattle snakes be^einning to crawl out of their winter 
quarters, a stop was put to the running of the line. 
During one month, the line was run from Currituck to 



i72«] THE FIFTEENTH^ 801 

the plantation of a Mr. Kiiichen, a sjentleman of res- 
pcrtability and note, w!to dwelt on the south side of the 
Mthtrrin, in the present county of Hcrtfort, a distance 
of s(. vent -three miles and thirteen chains. This place 
is the only one at which the commissioners saw an 
orchard. They resumed their labor on the 20th of 
Sri/tember. 

This year is remarkable, in the annals of agriculture, 
for the first appearance of the weavel; an insect hitherto 
Unknown in British America. They were first seen 
in North Carolina, from whence these mischievous flies 
extended gradually to Virginia, Maryland, and Dela- 
ware, 

The last legislature, which sat under the authority of 
the lords proprietors, met in Edenton, on the 27th of 
November ot the following year. They emitted bills of 
credit to the amount of forty thousand pounds. The 
precinct of Hyde was separated from that of Beaufort, 
and the court house directed to be buili on the spot on 
which the present town of Woodstock stands. A new 
precinct was f Tmed, from parts of those of Currituck, 
Pasquotank, Chowan and Bertie, which was called 
Tyrell, in memory ol" Sir John Tyrell, a gentleman who 
now owned that part of the province, which had been 
originally granted to lord Ashley ; and the precinct of 
Carteret was divided, and the lower part of it erected 
into a new precinct, which was called New Hanover, 
in honor of the reigning family. 

Seven of the lords proprietors, finding that the ex- 
penses wliich had attended the settlement of Carolina 
were hardly productive of any advantage; the frequent 
wars which ihey had to sustain against the Indians 



302 CHAPTER [1726 

absorbing the revenues of the province, and disabling 
the settlers from paying the quit rents on their lands, 
the arrears of which now amounted to above ten thou- 
sand pounds, applied to the new monarch, and offered 
to surrender the government of the province, and all the 
franchises secured to them by the charter of Charles II. 
as well as their property in the soil. The king entered 
into an agreement with them, which was this year rati- 
fied by parliament. (2 Geo. II. c. — .) Each of them 
received from the crown the sum of two thousand five 
hundred pounds sterling, as the consideration of the 
surrender, and a further sum was allowed him, for his 
share of the quit rents due by the planters. 

The share of lord Clarendon, under the original char- 
ter, was, at the time of the surrender, the property of 
James Bertie; that of the duke of Albemarle, the pro- 
perty of Henry duke of Beaufort and Charles Noel 
Somerset, his brother ; that of the earl of Craven was 
still in the holder of that title ; that of lord Ashley was 
held in trust by A. Hutchinson, for John Cotton; that 
of Sir John Colleton by one of his descendants of the 
same name ; that of Sir William Berkley, was claimed 
by three persons, Henry Bertie, Mary Dawson, and 
Elizabeth Moore. 

John, lord Carteret, baron of Hawnes, as heir of his 
father, who died in 1696, was in possession of the share 
of Sir George Carteret. He decUned parting with it. 

Thus ended the proprietary government in Carolina, 
sixty-six years after the charter, by which it had been 
established. 

At its close the whole population did not exceed twen- 
ty-five thousand persons, of all sexes and colours, i. e. ten 



1728] THE FlFfEENTH. 303 

thousand in the northern, and fifteen thousand in the 
southern part of the province. 

The primary division of the northern part was into 
three counties; Albemarle, Bath and Clarendon. 

•Albemarle was subdivided into six precincts, Curri- 
tuck, Pasquotank, Perquimans, Chowan, Bertie and 
Tyrrel; its population about seven thousand. 

Bath, into four precincts, Beaufort, Hyde, Craven 
and Carteret; its population two thousand five hundred. 

Clarendon had but one precinct^ New Hanover ; its 
population not exceeding five hundred. 

Four towns only, had a legal establishment : Eden- 
ton, in the precinct of Chowan; Bath, in that of Beau- 
fort, Newbem, in that of Craven, and Beaufort, in that 
of Carteret : they were all extrremely small. 

The legislative power, resided in the lords proprietors 
and the general assembly: the former acted by their go- 
vernor, and a deputy from each of their lordships: the 
general assembly was composed of members from the 
precincts and towns. 

The sessions of the legislative body were biennial : 
Edenton was the only town in which it sat. 

The executive power resided in the governor, ap» 
pointed by the lords proprietors. 

The judicial power, resided in a general and precinct 
courts and justices of the peace. 

The general court held semi-annual sessions, and 
Edenton was the only tow^n in which it sat. The pre- 
cinct courts held quarterly sessions : they were com- 
posed of the justices of the peace of each precinct ; but 
every lord proprietor's deputy, the secretary and recei- 
ver of the province, were named in the commission of 
the peace of each precinct; these courts sat at the town 



3^04 CHAPTER [172*9 

in each precinct, that had one ward at Felj)s* point, at the ' 
mouth of the Narrows ; and the place of sitting, in the 
precincts of Currituck, Pasquotank, Hyde, Bertie and 
Tyrrel, was left to the choice of the justices. 

The general court was composed of a chief and four 
associate justices. 

The governor held a court of admiralty, and with the 
lords deputies, one of chancery. 

Kdward Moseley, John B. Ashe and William Swanut 
are the only persons, who filled the chair of the general 
assembly, whose names appear on record. 

R. Chevin, Francis Foster, Christopher Gale, Ed- 
mund Gale, Thomas Lovick, Maurice Moore, John 
Palin, Thomas Pollock, William Reed, Richard San- 
derson, Robert West, J. Worley and Tobias Knight^ 
are the proprietors' deputies, whose names have reached 
us. 

The tanning of leather, is the only species of manufac- 
lure which appears to have obtained the notice of the 
legislature. 

An act for the preservation of a library, the gift of 
Doctor Bray, was the only help afforded to literature. 
Nothing el^e appears to have been thought of, to 
promote education. 

Acts had been passed, for the election of vestrymen,^ 
and church wardens ; but it is not known, that more 
than two houses of worship had been erected. 

Quit rents, poll and land taxt- s. with a small duty on 
exports, ar.d, originally, one on tobacco exported, were 
the means resorted to, to fill the coffers of the province. 

Though the congress at Soissons proved abortive, 
conferences were begun at Seville, between the pleni- 
potentiaries ot England, France and Spain, and a treaty 



T7l^] ' THE FIFTEENTH. $05 

Was concluded, on the ninth day of November, not only 
without the concurrence of the emperor, but even con- 
trary to his right, as established by the quadruple 
alliance. " 

(ft 

The lords in the opposition excepted to the article 
by which the merchants were to make proof of their 
losses at the court of Spain. 

At the time the crown purchased seven eighths of the 
province of Carolina, the French, the Spanish and the 
British, were the only European powers that had colonial 
establishments on that part of the northern continent of 
America, which is washed by the Atlantic ocean. T;ie 
French possessed Canada and Louisiana, and the 
Spanish Florida. The British possessions were divided 
into eleven provinces : Nova Scotia, New Hamr s'lire, 
Massac 'iusetts, Connecticut, Rhode Island, New York, 
New Jersey, Pennsylvania and the counties on the 
Delaware, Maryland, Virginia and Carolina. 

With regard to their internal policy, the governments 
of the provinces were of three sorts: 1. Provincial go- 
vernments, the constitutions of which depended on the 
respective commissions, issued by the crown to the 
governors, and the instructions which usually accom- 
panied these commissions ; under the authority of which, 
provincial assemblies were constituted, with the power 
of making laws, not repugnant to those of England ; as 
in the provinces of Nova Scotia,* New Hampsliirc, 
New York, New Jersey, and Virginia. 2. Proprietary 
governments, granted out by the crown to individuals, 
in the nature of feudatory principalities, with all the in- 

* Nova Scotia was, however, so thiiily settled; that no 
legislature had as yet been called in it. 
N. CAItO. 39 



306 CHAPTER Ln29 

ferior powers of legislation, which formerly belonged to 
the owners of English counties palatine ; yet stili with 
the express condition, that the ends for which the 
grant was made be substantially pursued, and that no- 
thing be attempted, which might derogate from the 
sovereignty of the mother country ; as in the provinces 
of Pennsylvania, Maryland, and hitherto those of New 
Jersey and Carolina. 3. Charter governments, in the 
nature of civil corporations, with the power of making 
bv-la\vs, for their own interior governments, not 
repugnant to the laws of England, and with such rights 
ar^d authorities as were specially given them, in their 
several charters of incorporation ; as in the provinces of 
Massachusetts, Connecticut and Rhode Island. In the 
first of these, the constitution was of a mixed nature : 
the power seemed divided between tlie king and the 
people, but the latter had, by far, the greatest share : 
for, they chose the assembly, and the assembly, the 
council ; and the governor depended upon the assembly 
for his annual support, which frequently laid this officer 
under the temptation of giving up the prerogative of the 
crown and the interest of Great Britain. In the two 
other provinces, almost the whole power of the crown 
was delegated to the people : for they chose the assembly, 
the council and the governor; and held little or no- 
correspondence with any officer in the mother country. 
The forms of government in the eleven provinces ^ 
were borrowed from that of England. Each had a 
governor, named by the king, the proprietor or the 
people ; they had courts of justice of their own, from 
whose decisions an appeal, in certain cases, lay to the 
king and council in England. Their general assemblies^ 
composed of a house of representatives and the council 



iT29] ^ THE FIFTEENTH. . 307 

lis an upper house, made laws suited to their own 
emergencies, with the concurrence of the king, or his 
representative, the governor. In all the provinces, 
except those of Connecticut, Rhode Island, and Mary. 
land, copies of the acts of assembly were forwarded by 
the governor, immediately after the rise of each session, 
to the secretary of state for America, by whom they 
were laid before the board of the lords commissioners of 
trade and plantations. One of the king's counsel, spe- 
cially appointed for the service of that board, (called the 
reporting counsel) took them under consideration, and 
reported his opinion on each act, whether the king should 
be advised to approve or repeal it. On the report of 
this gentleman, the board laid the act, with their own 
observauons. before the lords of the king's council, on 
whose report the fate of the act chiefly depended. 

The crown was confined in the exercise of its right 
an repealing the laws of the province of Massachusetts, 
to a period of three years, from the time they had been 
presented to the king, and those of Pennsylvania within 
six months. 

The principal objections to a provincial law, which 
induced its repeal, by the authority of the crown, were, 
that it lessened the prerogative of the king, or the de- 
pendence of the province on the mother country, was 
repugnant to the laws of England, unnecessarily at 
variance with the laws and usages of the neighboring 
provinces, or affected the trade, manufactures or other 
real or fancied right of the king's English subjects. 

The members of the lower house were more fairly 
and equally chosen by their constituents, than those of 
the British house of commons, by the people of Great 
Britain, The other two branches of the legislature 



iStJa CHAPTER [172^ 

Were necessarily less perfect than the corresponding ones 
of the British parliament, beini^ absolutely dependent. 
The advantages, which resulted to the mother country 
from her intercourse with the American colonies, were 
alrtady considerable. Sir William Keith, who had 
resided a long time on the continent, in some observa- 
tions, which he submitted to Geor^Jje II. on his 
coming to the crown, and which Were referred in council 
to the lords commissioners of trade and ',<laatatio?is, 
state-:, that they took off, and consumed, about on fii.h 
part of the woollen m iuufactures, exp )rted from Brit »in^ 
the chief staple of England and the m tin support of her 
landed interest. They took off >»ud consumed more 
tha.i double the value of tbse woollen cc^mmodities, in 
liJien and cahco, partly the product of Britain and Ire- 
land, and partly the profitable return made for that pro- 
duct, when carried to foreign coumries. The luxury 
of the colonies, which increased daily, consumed great 
quantities of English manufactured silks, haberdasherv, 
household furniture, and trinkets of all sorts, as also, 
a very considerable quantity of East India goods. A 
great revenue was raised to the crown, by returns made 
in the produce of the colonies, especially tobacco, which, 
at the same time, enabled England to bring nea*'er fo a 
balance her unprofitable trade with France. The colo- 
nies promoted the interest and trade of the mother country, 
by a vast increase of shipping and seamen, which enabled 
her to carry great quantities oi fish to Spain, Portugal, 
Leghorn, and other places ; furs, logwood and rice, to 
Holland; and eminently contributed in keeping the 
balance of trade with these countries in favor of Eng- 
land. If reasonably encouraged, the American provinces 
^vere now in a condition to furnish Briton with as much 



2729] THE FIFTEENTH, 80.9 

of thqfollowinsj commodities as it could demand : masts 
for the navy, all sorts ot lumber, hemp, flax, pitch, tar, 
oil, rosin, copper ore, and pig and bar iron, whereby the 
balance of trade with Russia and the Baltic mighi be 
verv much reduced in favor of Great Britain. The 
profits arising to the colonies by trade were returned in 
bullion, or other objects useful to the mothtr country, 
where th^ superfluous cash, and other riches acquired 
in America continued, which was one of the best 
securities of the due subjection of the colonies. 

The province of Mova Scoda, had been an important 
acquisition, as a barrier against the French of Canada, 
Oi) the score of agriculture and commerce, it was of 
no value; the former was insufficient for the subsistence 
of the inhabitants and the lattt^r was cuTifined to the ex- 
portation of timber to the West Indies; the quantity 
was inconsiderable, and the quality much inferior to 
that of the timber in the southern provinces. 

The trade of the province of New Hampshire princi- 
pally consisted in lumber, fis i and naval stores : coarse 
woollen cloths were manufactured at home, by some of 
the colonists, for the use of their own families, and small 
quantities of linen were made by a few emigrants, who 
had lately arrived from Ireland : iron works had been 
set up in different parts of the province, and it was an 
object of complaint in England, that, with a view to en- 
courage those establishments, the provincial legislature 
had prohibited the exportation of iron ore. 

The trade of the province of Massachusetts, dif^P.Ted 
from that of New Hampshire only in its extent, being by 
far more considerable ; the colonists were also exten- 
sively engaged in ship building and supplied the French 



310 CHAPTER [1729 

and Spanish with vessels, in return for rum, molasses, 
wines and silk, which were clandestinely introduced. 
They had already some East India trade, enjoying an 
advantage over the English ports, in the drawback for 
all India and other goods exported, which paid a duty 
in Great Britain, while no duty was paid upon importing 
them into the plantations. In some parts of ttie pro- 
vince, the inhabitants worked up their wool and flax, 
and made an ordinary coarse cloth for their own use ; 
small quantities of cloth were also made of linen and 
cotton, for ordinary shirting and sheeting, 'A paper mill 
had lately been set up, nineteen forges for making bar 
iron, and six furnaces for cast iron or hollow ware, and 
one slitting mill, (the owner of which carried on a manu- 
facture of nails) were counted in the province. Great 
quantities of hats were made, and some were exported 
to Spain, Portugal and the West India islands, and 
there were some rum distilleries and sugar refineries. 
Copper mines had been discovered, but so distant from 
water carriage, and the ore so poor, that they were not 
thought worth the digging. The greater part of the leather 
used in the province, was of its own manufacture. Brown 
hoUands, duck, and sail cloth, began to be made, and 
the provincial legislature had passed laws for allowing a 
bounty on every piece of duck or canvass made, and for 
encouraging the erection of paper mills. 

The province of Connecticut exported horses and 
lumber to the West India islands, and received in return, 
salt, rum and molasses ; their maimfactures were incon- 
siderable; the inhabitants who were not engaged in 
tillage, employed their time in tanning, shoemaking and 
other handicraft works. * 



\ 



1729] TH£i FIFTEENTH. 311 

Considerable iron works were carried on in the pro- 
vince of Rhode Island, but the other manufactures, and 
the commerce of this colony, were insignificant. 

The trade of the province of New York, consisted 
chiefly in furs, whalebone, oil, pitch, tar, provisions, 
horses and lumber : they exported these last articles to 
the West India islands : there were hardly any manu- 
factures in this colony ; some hats and coarse cloths 
were however made, and there were a few distilleries 
and sugar refineries. 

The trade of the province of New Jersey, consisted 
chiefly in the same articles with that of New York, 
through the principal port of which it was almost exclu- 
sively carried. This province did not carry on any 
manufacture. 

In the province of Pennsylvania, brigantines and 
sloops were built, which were sold to the people of the 
West India islands, with whom the trade of the colony 
was chiefly carried on : its exports, consisting of pro- 
visions, principally grain and lumber : some coarse 
woollens being all the articles it manufactured, none of 
which were exported, and a few only for sale, in a small 
Indian town, where a German palatine had lately settled. 

In the southern provinces, Maryland, Virginia and 
Carolina, tobacco, naval stores and rice, were the great- 
est articles of exportation, chiefly for the European 
markets : large quantities of provisions and lumber were 
shipped to the West Indies. There were no manufac- 
tures ; i\ few hats, however, and cotton cloth, were 
made, but none for exportation. 

It is not to be wondered at, that more trades were car- 
ried on, and more manufactories set up, in the northern 
provinces, especially in New England, than in the rest : 



Sl^ CHAPTER. [1729 

for, their soil, climate and produce, beirig nearly the same 
with that of England, they had no staple commodities 
to exchange for British manufactures, which laid them 
under greater temptations of providing for themselves 
at home. In the chartered governments, the little de- 
pendence on the mother country, and consequently the 
small restramts they were under, all measures detri» 
mental to her interest, were additional inducements. 



Chalmers — History of South Carolina'^Records. 



% 



TABLE OF CONTENTS 



CHAPTER I.— FROM 1512 TO 1586. 

Discovery of Florida; Cabot's voyage; Ponce de Leon's 
second voyage; Veranzzani's voyages; French navigators' 
voyages to Newfoundland and St. Lawrence ; first British 
t^tatute relating to the colonies; the French invade Carthagena; 
Louis de Beluastro's voyage to Florida; Jean Riband takes 
possession of Caroline; Laiidoniere transports a colony thither; 
tlie Spaniards destroy it; De Goiirgues revenges it; Armidasand 
Barlow come to Ocracock; Granganameo; Wingina; Wingado- 
cea; Indians; Roanoke island; the English entertained by Gran- 
ganameo's wife; return to England; country called Virginia; 
sir Richard Grenville's voyage; colony left in Virginia; go- 
vernor Lane; journey up Roanoke; Granganameo's death; 
Ensenore; Wingina's hatred of the EngHsh; King of Chowa- 
nocks visits governor Lane; recognizes the authority of the 
queen of England; distress of the colonists; they are relieved 
by Sir Francis Drake, and taken back to England; description 
of the aborigines and of the country; notice of European set- 
tlements on the main. 

CHAPTER II.^FROM 1586 TO 1603. 



Succour sent to governor Lane; Sir Richard Grenville^s se- 
cond voyage; a colony sent under governor White; they 
N. CARD. 40 



314 TABLE OF 

reach Virginia ; settle on Roanoke island; Indians kill George 
Howe; expedition to cape Look Oat; Governor Lane o;oes to 
revenge Howe's death; kills by mistake some friendly Indians; 
first child of British parentage born in America; Governor 
White returns to England; his efforts to procure rehef f->rthe 
colony; Spanish armament; governor Wnite sets sail and is 
obliged to return; Sir Walter Raleigh disposes of his claim to 
Virginia; governor White sets sail again; arrives at cape Hat- 
teras; vainly seeks for the colonists, wanders in search of in- 
formation about them and returns to England; Newport and 
Drake's voyages ; Sylvester Wyatt's ; Sir Walter Raleigh sends 
a ship to South America; attack on Trinidad; Guiana; Sir 
Francis Drake and Sir John Hawkins' voyages to South Ame- 
rica; British take the island of Portorico; voj^age to Cape 
Breton; the French attempt to settle Canada ; BartholomewGos- 
nold's voyage to the northern part of the continent; Sir Walter 
Raleigh's frequent attempts to discover and relieve governor- 
White's colonists; notice of European settlements in America. 

CHAPTER IlI—FROM 1603 TO 1610. 

Martin Pring's voyage to North Virginia; Bartholomew Gil-- 
bert's attempt to seek and relieve the Virginia colony; Henry 
IV.'s patent to Dumontz; Champlain's voyage; Port Royal; 
river St. Croix; Peace with Spain; Weymouth's voyage; Sir 
Richard Hackluyt; first Virginia charter; instructions; colo- 
nial councils; their powers; king's council for Virginia, in 
England; Christopher Newport carries over a colony; they 
reach cape Hatteras; cape Charles; cape Henry; bay of 
Chesapeake; they land; president Wingfield; his council; 
Jamestown; party sent to reconnoitre the bay; security of 
the colonists; Indians kill some of them; sickness; distress of 
the colony; President Radcliffe; John Smith; provisions ob- 



CONTENTS. 3l3 

tained from the Indians; conflagration; colonists and succour 
from England; low state of the colony; agriculture; severe 
winter; Indians; Raleigh Gilbert's voyage to North Virginia; 
John Smith's services to the colony; he is called to the coun- 
cil; farther migration; pitch; tar; potash; French in Canada; 
Hudson's voyage; Samuel Argal; second charter; lord Dela- 
ware, governor of Virginia; sir Thomas Gates, lieu^nant ge- 
neral; sir George Somers, admiral; their departure; storm; 
shipwreck; Bermudas; fleet reaches Jamestown; provisional 
government; Powhatan; John Smith; distress of the colony; 
arrival of sir Thomas Gates and sir George Somers at James- 
town; dearth of provisions; determinaticfn to abandon the 
colony; c:>lonists re-embark; notice of European settlement*: 
in America. 

CHAPTER IV.—FROM 1610 TO 1625. 

Lord Delaware arrives in James river; induces the colonist* 
to return; his authority and administration; the colony thrives; 
vessel sent to Bermudas for hogs; earl of Northumberland's 
patent; lord Delaware's return; president Percy; governor 
Dale; governor Gates; Henrico; Bermuda Hundi^ed; third 
charter; first hostihties between French and English in Ame- 
rica; captain Argal; Port Royal destroyed; Dutch settlement 
on Manhattan reduced; industry of the Virginians encouraged; 
division of lands; Bermudas; governor Dale; Dutch resimie 
possession of New Netherlands; John Smith's voyage to the 
northward; grant of land to colonists; governor Yardley; 
Chickahomini Indians; culture of tobacco; neglect of provi- 
sions; Indians; governor Argal; lord Delaware sails for Vir- 
.ginia; dies on his passage; governor Argal's rigorous conduct; 
governor Yardley; great mortality; Puritans; they m-igrate 
to Holland; arrive at Cape Cod; New England patent; great 



316 TABLE OF 

migrations to Virginia; girls sent thither; convicts; iron 
works; first importation of slaves; governor Wyatt; college; 
Ferdinando Gorges; sir William Alexander's patent; lord 
Baltimore's patent for Newfoundland; pr«perity of Virginia; 
Indians massacre the whites; legislature; quo warranto; char- 
ter annulled; king James's demise; state of the English and 
other European settlements on the continent. 

CHAPTER v.— FROM 1625 TO 1649. 

Charles I.; governor Yardley; despotic government; bill 
to secure navigation and fishery; Swedish colony on the Dela- 
ware; province of Carliola, in the West Indies; governor 
Harvey; company of Massachusetts bay; capture of Quebec; 
Boston; Nova Scotia; grant of Carolana to sir Robert Heathj 
peace with Spain; Connecticut patent; license to Clayborne^ 
treaty of St. Germain enlarged; Canada; Acadia and New 
France restored; grant of Maryland; Virginia complaint against 
it; lord Baltimore's arrival; commission to govern the colo- 
nies; mutiny in Boston; determination to resist council of 
Plymouth; surrender their charter; quo warranto against that 
of Massachusetts; settlement of Connecticut; French colony 
at Cayenal; Providence; Virginians send governor Harvey to 
England; the king orders him back; sir William Berkeley; 
migration to America restrained; Plan of one colonial govern- 
ment; sir Ferdinando Gorges; Martinico; proclamation 
against emigration; province of Maine; first printing press in 
British America; change of government resisted; Surinam; 
Virginia required to aid the settlement of Carolana; Clayborne; 
Indian war; New England union; earl of Warwick; Provi- 
dence charter; St. Lucia; rebellion in Maryland; ordinance 
restraining the transportation of colonial produce; Iroquois; 
negotiations with Canada; peace of Westphalia; grant to 



CONTENTS. Sn 

Culpepper and others; Charles I. beheaded; condition of the 
colonies at this period. 

CHAPTER VI.— FROM 1649 TO 1656. 

Charles II.'s commission to sir WilHam Berkely; Grenada 
andAnguilla; house of commons assume government; procla- 
mation for the reduction of the colonies; navigation act; sir 
George Askew reduces Barbadoes; sends a squadron to Vir- 
ginia; preparation for defence; capitulation and surrender; go- 
vernor Benaet; tobacco prohibited being planted in England; 
Maine added to Massachusetts; government of Maryland ta- 
ken from lord Baltimore; that of Rhode Island suspended; 
mint at Boston; sir William Berkely; governor Digges; 
Western country; Ohio river; preparation for the conquest of 
Canada; admiral Penn's attack oii Hispaxiiola; Jamaica taken; 
the Dutch drive the Swedes from the Delaware; add their settle- 
ment to New Netherlands; New Amsterdam; governor Mat- 
thews, settlement on Cape Fear; Nova Scotia; insurrection 
in Maryland; peace with France and Spain; treaty of the Py- 
renees; situation of the colonies at the end of the protectorate. 

CHAPTER VII.— FROM 1660 TO 1664. 

Navigation act; governor Berkely; legislature under 
Charles II. 's authority; common law and statute of England 
introduced; society for propagating the gospel; Massachusetts; 
Connecticut charter; lord Baltimore resumes his province; 
church of England estabUshed in Virginia; great earthquake 
in Canada; first charter of Carolina to the lords proprietors ;«/ 
Indians; proposals to settlers; county of Albemarle; gover- 
nor Berkely 's visit to it; expedition from Barbadoes to Cape 
Fear; its journal; government of Albemarle; governor Drum- 



f 



31^ TABLE OF 

mond; charter of Rhode Island; grant to the duke of York; 
New Netherlands possessed by the EngHsh, and called New- 
York; Si. Lucia; the French claim the land on the back of the 
British settlements in America. 



CHAPTER VIII.— FROM 1664 TO 1673. 



Second charter; lords proprietors publish proposals for the 
.settlement of their province; sir John Yeamaus leads a colony 
from Barbadoes to Cape Fear; Charleston; county of Claren- 
don; legislature of Barbadoes forbid emigrations; William 
Sayle sent to survey the coast of Carolina; is shipwrecked on 
the Bahamas; makes a chart of the sea coast of Carolina; 
grant of the Bahamas to the lords proprietors of Carolina; 
peace of Breda; treaty of commerce with Spain; transporta- 
tion of convicts; governor Stephens; great deed of grant; 
legislature; peace with France; St. "Vincent and Dominico; 
charter of Hudson's bay; Locke's fundamental constitution; 
lord Albemarle; palatine; people of Albemarle county averse 
to the new system; William Sayle, governor of South Carohna; 
he leads a colony to Port Royal; Indian wars; treaty of Ma- 
drid; transportation of convicts; temporary agrarian laws; 
sir John Yeamans removes his colony southerly; made gover- 
nor of South Carolina; settlement of old Charleston; division 
of South Carolina into counties; county of Albemarle divided 
into precincts; Quaker missionary's visit; Spanish Schedule; 
Campeachy wood; complaints in parliament of the trade of the 
colonists; statute to retrieve it; war against the Dutch; 
Spanish party invades South Carolina; insurrection in New 
Jersey; West India British islands divided into two govern- 
ments; the Dutch take New York; discovery of the Mississippi 
by the French from Canada 



CONTENTS. ^19 

CHAPTER IX.— FROM 1673 TO 1685, 

Sir John Yeamans returns to Barbadoes; Governor West's 
parliament in South Carolina; Governor Cartright-, culture of 
the vine; peace with the States General; New Jersey; Indian 
war; jealousies in England of the trade of the colonies: in- 
structions to colonial governors; insurrection in Virginia; af- 
fairs in the county of Albemarle; governor Eastchurch; presi- 
dent Miller; Culpepper's insurrection; manifesto; new system 
of colonial administration; lord Carhsle sent to enforce it in 
Jamaica; his ineffectual attempt; Culpepper's mission to Eng- 
land; Miller arrested there, tried and acquitted; governor 
Harvey; settlement of the present town of Charleston; New 
Hampshire separated from Massachusetts; Lasalle sails up the 
Mississippi; Spaniards invade the Bahama islands; logwood 
cutters; Henry Wilkinson, governor of North Carolina; Penn- 
sylvania charter; migration thereto; proprietor's arrival; La- 
salle floats down the Mississippi to the gulf of Mexico; lord 
Cardross leads a colony to Port Royal; Governor Sothel; col- 
lection of duties resisted in Massachusetts; quo warranto 
against the charter; judgment for the king; Kirk appointed 
governor of Massachusetts, New Hampshire, Maine and Ply- 
mouth; Lord Effingham, governor of Virginia; parliament of 
Carolina raises the value of foreign coins; act approved, but 
afterwards disapproved; demise of Charles II.; notice ol 
European settlements in America. 

CHAPTER X.— FROM 1G85 TO 1697. 

King James continues the attack on the chartered riglUs of 
America; Dudley ai)pointed President of New England; 'the 
Spaniards attack lord Cardross's colony; quo warranto against 
the charter of Carolina; of New Jersey; New Jersey annexed 



820 TABLE OF 

to the government of New England; printing presses disallow" 
ed in New York; general assembly abolished; Sir Edmund An- 
dross; government of Rhode Island assumed in the king's 
hands; Huguenots migrate to Boston; many of them proceed 
to the southern provinces; insurrection of the blacks in Vir- 
ginia; quo warranto against the province of Maryland; go- 
vernment of Connecticut assumed in the king's hands; Sir Ro- 
bert Holmes sent to suppress pirates; Monsieur de Lasalle 
leads a French colony to the northern shore of the gulf of 
Mexico; vainly seeks for the Mississippi; travels by land to- 
wards Canada; is murdered; insurrection in North Carolina; go* 
vernor Sothel imprisoned; Andross, governor of New England, 
New York and New Jersey; discontents in New England; 
clergy advise resistance; King James's abdication; insurrec- 
tion in New England; charter resumed; Rhode Island follows 
the example; discontent in New York; Leisler possesses him- 
self of the fort for the prince of Orange; Governor Slaughter, 
Governor Ludwell; Bishop of London's commissary; irruptions 
from Canada; French privateers; Sir William Phips attacks 
and takes Port Royal; fruitless attempt on Quebec and Mont- 
real; first emission of American paper money; French emi- 
grants transported at the royal expense to America; Doctor 
Cox lays his claim to Carolana before the king; his descrip- 
tion of the country; Seth Sothel appears in Charleston; as- 
sumes the government; lords proprietors establish a govern- 
ment in the Bahama islands; St. Kitts; French irruptions from 
Canada; new charter of Massachusetts; governor Phips; 
Connecticut and Rhode Island; fort WilHam Henry; general 
post office; governor Harvey; Cherokees solicit the aid of the 
EngHsh against the Esaws and Congarees; Locke's system 
abrogated; great storm; government of Pennsylvania taken 
into the king and queen's hands; restored to the proprietor; 
irruption of the French; commodore Wheeler's expedition: 



^CONTENTS. 3:21 

governor Archdale: his arrival and conduct in NorthCarolina : 
goes to South Carolina; rice; commodore Wilmot's expedi- 
tion; French hostilities; small pox rages in PampUco; gover- 
nor Harvej; lords commissioners of trade and plantations; 
parliamentary restrictions; pamphlets on taxing the colonies; 
Pointiz plunders Carthagena; admiral Morse's expedition; 
peace with France. 

CHAPTER XI.— FROM 1698 TO 1702, 

Misunderstanding in respect to American boundaries; Scotch 
colony at Darien; it gives umbrage to the French and Span- 
iards; proclamation for the removal of the Scotch; president 
Walker; change in the general court; captain Kidd; rear 
admiral Benlow's expedition; first permanent settlement of 
Louisiana; parliamentary restrictions; British governors or- 
dered to cultivate a good understanding with the French; pi- 
rates infest the coast of Carolina; statute relating to pirates; 
a church of England's missionary resides in North Carolina; 
state of the colony; society for propagating the gospel in fo- 
reign parts incorporated; king James dies; Louis XIV. sup- 
ports the pretender; rupture with France; governor Moore, 
of South Carolina marches against St. Augustine; is unsuc- 
cessful, and returns; paper currency in South Carolina; no- 
tice of European settlements on the continent, and French aad 
English in the West Indies. 

CHAPTER XII.— FROM 1702 TO 1710. 

Queen Anne declares war against France; Sir Nathaniel 
Johnston, appointed governor of Carolina; hostilities in the 
West Indies; lord Granville, the palatine, instructs gover- 
nor Johnston to promote the establishment vf the Church of 
N. CARO. 41 



S22 TABLE OF 

England, by law, in the province: act passed for that pur- 
pose: John Ashe sent to England to procure its repeal: gover- 
nor attempts to prevent his departure: he goes to Virginia: the 
people of Albemarle send Edmund Porter on the same errand: 
the palatine receives those men coldly: Ashe prepares a de- 
fence of his countrymen: sickens and dies: Porter's unsuccess- 
ful efforts: corporation established in Charleston, with high 
ecclesiastical powers: colonists send new representations by 
Joseph Boon: petitions to the house of lords, from Carolina: 
the lords proprietors prayed to be heard by counsel, at the 
bar of the house: the lords address the queen, in favor of the 
people of Carolina : the matter referred to the lords' commis- 
sioners of trade and plantations: who report against the lords 
proprietors: recommend a quo warranto against the charter: 
irruptions from Carolina: colonel Church's expedition: gover- 
nor Daniel: he procures an act, establishing the Church of 
England in North Carolina: queen Anne's proclamation in re- 
spect to foreign coins: parhamentary restrictions modified: 
bounty on naval stores: first American newspaper: bishop of 
London's commissary in Carolina: Indian treaty: Sir Nathaniel 
Johntson appoints Thomas Carey deputy governor, in North 
Carolina: act relating to oaths: lords proprietors disapprove 
of Thomas Carey: direct the council in North Carolina, to 
appoint a president, and commander in chief: president Glover: 
Carey possesses himself of the records and resumes the su- 
preme power: Subercase's expedition: Lefebvre's unsuccessful 
attack on Charleston: earl of Craven palatine: election of two 
presidents and two councils, in North Carohna: assembly sup- 
ports Carey: Glover's message: Quaker members: missionaries :r 
their reports: French Huguenots: statute regulating the val- 
ue of foreign coins: Palatines: Swiss emigrants: baron de 
GraafTenreidt: Newbern: feuds and dissentions missionaries: 
governor Hyde: behaviour of Carey: assembly have a new 



CONTENTS. 323 

insurrection: relief sought from Virginia: mediator, and con- 
duct of governor Hyde and Carey: Quakers: Carey's party re- 
pelled by the militia: he flies: attempts to gain the Indians to 
his party: fails: goes to Vu-ginia: he is arrested and sent 
to England, 

CHAPTER XIII.— FROM 1710 TO 1713. 

General Nicholson takes Port Royal: general post office: 
missionaries: Indian massacre: rehef from South Carolina: 
governor Spots wood: proceedings in Virginia, on the relief to 
be sent to Carolina: misintelligence: dissolution of the as- 
sembly: governor's representation: colonel Barnwell arrives, 
with forces from South Carolina: attacks and defeats the 
Indians capitulation granted to them reprobated: communica- 
tions made to the lords proprietors on the Indian war: gover- 
nor Hyde's instructions: officers of the provinces: Civil list: 
meeting of the legislature: baron de GraafTenreidt paroled: 
epidemic: governor Hyde dies: president Pollock: his first 
communication to the lords proprietors: relief from Virginia: 
Tom Blunt, a Tuscarora chief: preliminaries of peace: colonel 
Moore marches with forces, from South Carolina: attacks and 
conquers the Indians: South Carolina Indians move away with 
prisoners: meeting of the legislature: Matchchapungos Indians: 
emission of paper money: colonel Moore reduces the Match- 
chapungos and Cores: incipient state of tranquility. 

CHAPTER XIV.— FROM 1713 TO 1722. 

Peace of Utrecht: Pado del assicnio: Campe-chy wood: 
governor Eden: receipts at the treasury: civil list: lord 
Craven, palatine : Yamassee Indians: massacre in South Caro- 
lina: Matchchapungos hearing of it, endeavor to rise, but ar« 



324 TABLE OF 

suppressed: meeting of the, legislature: revisal of the laws: 
emission of paper money: resolves of the assembly: repro- 
bated by the council: assembly dissolved by proclamation: 
lords proprietors insist on payment in sterling money: wes- 
tern country: project of a western land company: transporta- 
tion of convicts: lands allotted to Tuscaroras: pirates: Ed- 
ward Teach: he comes to North Carohna: surrenders himself 
to governor Eden, with his associates: they go to sea: bring 
in a French ship: obtain her condemnation: vex the people in 
Pamplico: application to governor Spotswood for relief: he 
sends a naval force: Teach is attacked and killed: his compa- 
nions surrender: are carried to Virginia: tried, convicted, and 
executed: disturbances in North Carolina: Moseley and Moore 
seize the records of the colony:* Governor Eden commits them: 
they are tried, fined, he: governor Eden and C. J. Knight, 
accused of having favored Teach: exculpated: revolution in 
Carolina: governor Johnston deposed: a new government es- 
tablished: James Moore, governor: Pensacola, taken and re- 
taken: governor and council in North Carolina, declare their 
attachment and fidelity to the lords proprietors: meeting of thft 
legislature: Edenton: scire facias against the charter of Car- 
olina: Francis Nicholson comes to Charleston, as governor for 
the king: end of proprietary government there: calls a legis- 
lature: they recognize their immediate dependence on the 
crown: instructions to governors of CaroHna and Florida: 
peace with the Indians: Pensacola restored to the Spaniards: 
New Orleans: French attempt to hem in the Enghsh, between 
the mountains and the sea: governor Bennett: St. Lucia and 
St. Vincent: governor Eden dies. 

CHAPTER XV.~FROM 1722 TO 1729. 

President Pollock: Carteret precinct: missionary: president 
Pollock dies: president Reed: road from Bath to Newborn: 



CONTENTS. 326 

emission of paper money: court houses: Bertie precinct: Cape 
Fear settlement: Vermont: legislature: governor Burrington: 
his instructions and powers: officers of government: re- 
ceipts and expenditures: Chowan Indians: chief justice and 
associates: governor Burrington goes to Cape Fear: land 
granted in the county of Bath: governor Everard: state of the 
colony: surveyor general of the customs, for the southern dis- 
trict of North America: expenses: requisites to save land: 
demise of George I.: meeting of the legislature: house of 
commons recommend the purchase of CaroHna: northern 
boundary line run: last legislature: emission of paper money: 
Hyde precinct separated from Beaufort: Tyrrel precinct: 
Wpodstock: New Hanover precinct : statute authorizing the 
tie purchase of Carolina, by the king: seven lords proprietors 
sell their shares: lord Carteret retains his: end of proprietary 
government: a view of the British provinces on the continent. 



END OF VOLUME I. 



ERRATA. 

l?age 2, line 6, for in, read before. 

6, 13, highest — thirtieth. 

7, 21, VII. —IX. 
49, 11,11.-111. 

52, 1 , colonies — colonists. 

55, 10, dele not. 

92, 2, II.— I. 

95, 18 & 1^ Carolina — Carolana. 

98, 5, after archbishop, add of Canterbury. 

100, 3, John — William. 

128, 31, metropolis — mother country. 

140, 9, they — the lords proprietors. 

144, 32, returning — reserving. 

157, 20, and — in. 

189, 31, ever — even. 
210 l,by — on. 



APPENDIX 



North Carolina, ss« 
At a Council, held at the house of Frederick Jones, 
Esq. May 27th, 1719: Present, the honorable 
Charles Eden, Esq. governor, captain general and 
admiral; Thomas Pollock, William Reed, Ira 
Foster, Frederick Jones, and Richard Sanderson, 
Esquires, lords proprietors' deputies. 

In pursuance of an order of council, dated April 
1th, 1719, Tobias Knight, esq. secretary of this pro- 
vince, and a member of the council, attended this 
board, to make answer to the several depositions, and 
other evidences, mentioned in the aforesaid order j 
which said depositions and evidences were read, in 
the following words : Copies of several depositions, 
and other evidences, given before the court of admi- 
ralty, constituted by commission under the great seal, 
for hearing and determining cases of piracy, for the 
colony of Virginia, the 12th March, for the trial of 
James Blake, alias Jemmy, and other pirates, late of 
the crew of Edward Teache. Hezekiah Hand, late 
master of the sloop Adventure, commanded by Ed- 
ward Teache, being sworn and examined, deposed, 
that he was on board the said sloop Adventure, at the 
taking of two French ships, in the month of August 
last past, and that all the prisoners at die bar were on 

board the said sloop, and bore arms under Teache at 
1* 



n APPENDIX. 

the time of the said piracy; that Tcache plnndered 
one of the ship^ of some cocoa, and brought the other 
in with him to North Carolina, having first put her 
crew on board the ship first mentioned ; that, soon 
after Teache arrived at Ocracock inlet, he went in a 
pirogue, with some of the prisoners, by names James 
Blake, Richard Stiles, James White and Thomas 
Gates, to Mr. Tobias Knight, secretaiT of North 
CaroHna, carrying with him a present of chocolate^ 
loaf sugar and sweetmeats, being a part of what was 
taken on board the French ships above mentioned^ 
and that, upon Teache's return from Mr. Knight's, he^ 
the deponent, saw divers goods brought in the pirogue^ 
which Teache said he bought in the country, but the 
deponent afterwards hearing that one William Bell 
had been robbed, and understanding, as well by 
common report as by discourse with the said Bell, of 
what kind of goods he had been robbed, the deponent 
knew them to be the same which Teache had brought 
on board his sloop, but durst not discover to the said 
Bell who had robbed him. The four prisoners being 
asked whether they knew of die robbery of Bell's 
pirogue, acknowledged, that, some time in September, 
they went from Ocracock, in a pirogue, with Edward 
Texhe, to the house of Tobias Knight, secretary of 
North Carolina, and carried in the said pirogue three 
or four kegs of sweetmeats, some loaf sugar, a bag of 
chocolate, and some boxes, the contents of which thev 
did not know; that they got to the said Knight's 
house about twelve or one o'clock in the night, and 
carried up the kegs and boxes aforesaid, which were 
all left there, except one keg of sweetmeats, which 
was carried back in the pirogue ; that the said Knight 



APPENDIX. Ill 

was then at home, and the said Teache staid with him 
until about an hour before the break of day, and then 
departed; that, about three miles from the said 
Knight's house, at a place called Chester's landing, 
ihey saw a pirogue lying near the shore, upon which 
Teache ordered them to row up towards her, saying 
he would go ashore, to Chester's house, but when he 
came up with the said pirogue, (in which were a white 
man, a boy and an Indian,) Teache asked them for a 
dram, and immediately jumped aboard of the pirogue, 
and after some dispute, plundered her, carrying away 
with him some money, one cask of pipes, a cask of 
rum or brandy, some linen, and other things, and then 
the said Teache commanded the said prisoners to 
row away for Ocracock inlet, instead of going ashore 
at Chester's, as he first gave out he intended. 

William Bell, of the precinct of Currituck, being 
sworn and examined, deposeth, that being on board 
his pirogue, at die landing of John Chester, on Pan- 
chicough river, in North Carolina, on the night of the 
15th September last, a large pirogue passed by, stand 
ing up the river, that a litUe before break of day, the 
pirogue returned, and came on board the deponent; 
that a white man, who, he since understands, was 
Edward Teache, entered the deponent's pirogue, and 
asked him if he had any thing to drink, to which the 
deponent answered, it was so dark he could not well 
see to draw any, whereupon, the said Teache called 
for his sword, which was handed him from his own 
pirogue, and commanded the deponent to put his 
hands behind him, in order to be tied, swearing, 
damnation seize him, he would kill the deponent if 
he did not tell him truly where the money was; that 



IV APPENDIX. 

the deponent asked him who he was and whence he 
came, to which the said Teach e rephed, he came 
from hell, where he w ould carry him presently ; that 
the said deponent laid hold of the said Teache and 
struggled with him, upon which he called to his men 
to come on board to his assistance, and they came and 
laid hold of the deponent, his son and an Indian he 
had with him; that then the said Teache demanded 
his pistols, and the deponent telling him they were 
locked up in his chest, he was going to break it open ; 
but the deponent intreated him not do so, saying he 
would unlock it, but though he permitted the deponent 
to open the chest, he would not suffer him to put his 
hands therein, but took his pistols out himself; that 
the said Teache having got the deponent's pirogue 
out into the middle of the river, rifled her, took away 
£66 10 in cash, one piece of crape, containing fifty- 
eight yards, a box of pipes, half a barrel of brandy, 
and several other goods, the particulars are mentioned 
in an account the de{)onent now delivered into court: 
that, particularly, the deponent was robbed of a silver 
cup, of a remarkable fashion, being made to screw in 
the middle, the upper part resembling a chalice the 
lower a tumbler, which cup, the deponent is informed, 
has been found on board Teache's sloop; that when 
the said Teache and his crew had taken what they 
thought fit from the deponent, they tossed his sails and 
oars overboard, and then rowed down the river; that 
the said Teache, in beating the deponent, broke his 
sword about a quarter of a yard from the point, which 
broken piece of the sword the deponent found in the 
pirogue, and now produces in court; and this depo- 
nent verily believes Teache had intelligence of his 



APPENDIX. V 

having money, otherwise he would have passed by in 
returning from, as he did in going to, Mr. Knight's, 
withoutconcerning himself with the pirogue: and the 
deponent further saith, that within two hours after he 
had been thus robbed, he went to complain to the 
governor of North Carolina, who sent him to Mr. 
Knight's, then chief justice, upon which the said 
Knight gave him the warrant of hue and cry, which 
he now produces in court, and that, notwithstanding 
the deponent did particularly describe the pirogue, 
and the men by whom he had been robbed, and did 
repeat, as near as he could, the language the white man 
used to the deponent, and declared that the other four 
were negroes, or white men disguised as such, and 
that the said pirogue had passed by the same night 
towards his house, or Bath town, yet the said Tobias 
Knight did not discover to the deponent that any 
such pirogue had been at his house, or that he knew 
of Teache's being in the country. There was pro- 
duced a letter from the before named Tobias Knight, 
directed to captain Edward Teache, on board the 
sloop Adventure, which letter was proved to have 
been found among Teache's papers, after his death, 
and by comparison of the hand with other papers, 
appears to be the writing of the said Tobias Knight, 
which said letter was read, and is as follows: 

JSTovember 17, 1717. 
My Friend: If this finds you yei in harbour, I 
would have you make the best of your way up, as 
soon as possible your affairs will let you. I have 
something more to say to you than, at present I can 
write: the bearer will tell vou the end of our Indian 



VI APPENDIX. 

war, and Ganet can tell you, in part, what I have to 
say to you; so I refer you, in some measure, to him. 
I really think these three men are heartily sorry at 
their difference with you, and will be very willing to 
ask your pardon. If I may advise, be friends again; 
it is better to, than falling out among yourselves. I 
expect the governor this night, or to-morrow, vv^ho, 
I believe, would be glad likewise to see you, before 
you go. I have not time to add, save my hearty re- 
spects to you, and am your real friend and servant. 

T. KNIGHT. 

After which, captain Ellis Brand, commander of 
his majesty's ship tlie Syren, declared, that, having 
received information of twenty barrels of sugar and 
two bags of cotton, lodged by Edward Teache at 
the house of Tobias Knight, he asked the said 
Knight for those goods, they being part of the cargo 
piratically taken from the French si dp, and that the 
said Knight, with many asseverations, positively de- 
nied that any such goods were about his plantation; 
but yet the next day, when the said captain Brand 
urged the matter home to him, and told him of the 
proofs he could bring, as well by the persons con- 
cerned in landing the said goods, as by memoran- 
dums in Teache's pocket-book, he, the said Knight, 
owned the whole matter, and the piratical goods 
aforesaid were found in his barn, covered with 
fodder. 

At a Court of Admiralty, continued and held at the 
Capital, the 13th day of March, 1718. 

Whereas it has appeared to this court, Mr. Tobias 
Knight, Secretary of North Carolina, hath given just 



APPENDIX. Vir 

cause to saspect his being privy to the piracies, com- 
mitted by Edward Teache and his crew, and hath 
received and concealed the articles by them pirati- 
caUy taken, whereby he has become an accessory. 

It is, therefore, the opinion of this court, that a 
copy of the evidences given to this court, so far as 
they relate to the said Tobias Knight's behaviour, 
be transmitted to the governor of North Carolina, to 
the end, he may cause the said Knight to be appre- 
hended and proceeded against, pursu int to the direc- 
tions of the act of parliament, for the more effectual 
suppression of piracy. 

And then the said Tobias Knight did remonstrate 
to this board, in answer thereto, as followeth: 

North Carolina. 
To the honorable Charles Eden, governor, and to 
the rest of the members of the honorable the 
council, now sitting: 

The humble remonstrance of Tobias Knight, esq, 
secretary of this province, and a member of this board, 
in answer to the several depositions, and other pre- 
tended evidences, taken against him, at a court of 
admiralty, holden at the capital, in Virginia, on the 
12th day of March, 1718. First, The said Tobias 
Knight doth aver for truth, and doubts not to make it 
evidently appear, that he is not, in anywise whatso- 
ever, guilty of the least of these crimes, which are so 
slyly, maliciously and falsely suggested and insinu- 
ated against him, by the said pretended evidence. The 
which to make more apparent to your honors, the said 
Tobias Knight doth pray your honors, first, to con- 
sider as to the evidences themselves; they being such 
as contradict themselves; or as not to be taken in any 



VIII APPENDIX. 

court of record, or elsewhere, against the said Tobias 
Knight, or any other white man; for, first^ Hezekiah 
Hands, master of captain Teache's sloop Adventure, 
seems to swear positively, in his deposition, that the 
said Teache went from Ocracock inlet, on his return 
to this country, from his last voyage, with a present 
to the said Tobias Knight's house, when, by the same 
deposition, he acknowledgeth that to be out of the 
reach of his knowledge, he being all the time at the 
said inlet, wdiich lies at above thirty leagues distance 
h^om his house; and, further, the said Tobias Knight 
doth pray your honors to observe, that the aforesaid 
Hezekiah Hands was, as he has been well informed, 
for some time before the giving of the said evidence, 
kept in prison, under the terrors of death, or a most 
severe prosecution, and that there doth apparently 
appear throughout the whole evidence, more of art, 
malice and design against the said Tobias Knight 
than truth. Secondly, As to the four next evidences 
pretended to be given against the said Tobias Knight, 
under the name and pretext of four of captain 
Teache' s men, is utterly false, and such as the said 
Tobias Knight humbly conceives ought not to be 
taken against him, for that they are, though cunningly 
couched under the names of Christians, no other than 
four negro slaves, who, by the laws and customs of 
all America, ought not to be examined as evidence, 
neither is their evidence of any validity against any 
white person whatsoever; and, further, that the said 
negroes, at the time of their giving the pretended evi- 
dence aforesaid, as the said Tobias Knight is in- 
formed, were upon trial for their own lives, for the 
supposed piracies by them committed on board the 
said Teache, and that what they did then say was in 



APPENDIX. IX 

liopes of obtaining money, though they were then 
condemned, and since executed, so that, had they 
heen ever so lawful evidences, the said Tobias 
Knight is debarred from his right and benefit of aa 
examination of them. Thirdly, as to tlie deposition 
of Wm. Bell,l shall only observe to your honors that 
there is nothing in it, that can affect the said Tobias 
Knight, save that it is therein cunningly suggested 
that Edward Teache was at the said Tobias Knight's 
house, the night in which he was robbed, which the 
said Tobias Knight lias good reason to believe was 
rather an artful and malicious design of those that 
drew the said deposition; for, had it been true, it was 
impossible to have been within the reach of his know- 
ledge, and besides the said Bell, upon his examina- 
tion, the day after he was robbed, had in suspicion 
one Smith Undy, Tetery Dick, and others, and 
hath since the date of that deposition, viz: on or 
about tlie 25th of April last past, declared, that he 
doth verily believe, that the said Teache was not at 
that time at the said Tobias Knight's house, for the 
truth of which, the said Tobias Knight doth humbly 
refer to the examination and deposition of Mr. Ed- 
mund Chamberlain. Fourthly, as to the pretended 
evidence of captain Ellis Brand, the said Tobias 
Knight doth liumbly conceive the same ought not to 
affect him; for had it been true, it should, and ought 
to have, been upon oath, which it is not, though the 
said Tobias Knight doth, in the most solemn manner, 
aver that the said pretended evidence is every word 
false^ and that the said Brand never did, at any 
time, speak one word, or mention to the said Knight, 
in any manner whatsoever, touching or concerning 
2* 



X APPEMDIX. 

the sugBr mentioned in the said evidence, before the 
said Knight first mentioned it to him, neither was 
the said sugar ever denied by the said Tobias Knight 
to be in his custody, for the truth of which he humbly 
refers to the honorable the governor; but further saith 
that, when the said Tobias Knight was aj prised , that 
the said Brand had been informed, thai the said sugar 
had been connivingly put on shore for the said 
Knight's use, and that there might be found in his 
custody several things of value, belonging to the said 
Teache, and that the said Brand did intend to send 
his people to search his, the said Knight's house, he 
did then speak himself to the said Brand, and did 
acquaint him truly how, and for what reason, the said 
sugar was there lodged, viz: at the request of the 
said Teache, only, till a more convenient store could 
be procured, by the governor, for the whole, with 
assurance that the said Tobias Knight never did 
present any claim or right to any part thereof, and 
did, also, at the same time desire the said Brand, if 
he had any other information against him, he would 
be so civil as either to come himself, or send his secre- 
tary, to his house, and every lock in his said house 
should be opened to him, to which he only replied, 
that, though he had some spiteful things insinuated to 
him by evil minded persons, whose names he need 
not mention, intimating Mr. Maurice Moore, Jere-- 
miah Vail, and others of that family, yet he had more 
honor than to do any such thing; for, that, ever since 
his coming into this government, he had found nothing 
in the said Tobias Knight, but a great deal of readi- 
nesss to assist him in the service of the crown, very 
much becoming a gentleman, and one in his post, 



APPENDIX. XI 

which character he should give of him in Virginia, in 
opposition to all the false and malicious stories diere 
suggested against him, or words to the same effect. 
Fifddy, as to the letter, that was said lo he found, of 
the said Tobias Knight's writing, on board the said 
Teache's sloop, the said Knight doth believe to be 
true, for that he did write such a letter, by the go- 
vernor's orders; he having advised him by letter that 
he had some earnest business with the said Teache; 
but he doth utterly deny that there was any evil intent 
in writing the said letter, but that he did verily believe, 
at the same time, that the said Teache was as free a 
subject of our lord the king, as any person in the go- 
%^ernment; and the said Tobias Knight doth further 
say, in his own justification, that when the said 
Teache and his crew first came into this government 
and surrendered themselves, pursuant to his majesty's 
proclamation of indemnity, the said Tobias Knight 
then was, and for a long time had been, confined to 
his bed by sickness, and that during his whole stay in 
this government he never was able to go from his 
plantation, nor did either the said Teache, or any of 
his crew, frequent the said Knight's house, unless 
when they had business at his office, as secretary or 
collector of the king's customs; neither did the ^aid 
Tobias Knight^ nor any of his ftimily, contract any 
acquaintance with the said Teache, or any of his 
crcAv, nor did deal, buy or sell any with, or of, any of 
them, during their whole stay, save only two negro 
slayes, which die said Knight purchased from two 
men, who had received dieir pardons, and since are 
gone lawfully out of this government, and still continue 
In their s/ood allesiancc. and the said Tobias Kti'is^ht 



Xir APPENDIX. 

doth aver for a truth, that from the time the saitJ 
Teaclie took his departure from this government, 
bound to St. Thomas's, he did never see the said 
Teache, or any of his people, until on or about the 
24th of September last past; when he came and re- 
ported to the governor, that he had brought a wreck 
into this government, and particularly, that the said 
Teache was not, to the said Knight's knowledge, nor 
to' the knowledge of any of his family, at or near his 
, house, on or about the 14tli day of September last 
past, as is most falsely suggested in the aforesaid evi- 
dence, given against him in Virginia; for the truth 
whereof, he refers himself to the examination and 
deposition of Mr. Edmund Chamberlain, aforesaid. 
All of which is most humbly submitted by your 
honors most dutiful and most obedient servant. 

T. KNIGHT, 

Then, Mr. Edmund Chamberlain was examined, 
and his deposition was read and sworn to before this 
board, in the following words: 

North Carolina, ss. 

The deposition of Edmund Chamberlain, gent. 
taken upon his examination before the honorable the 
governor and council, at a council board, holden at 
Chowan, ihe 27th day of May, 1719, who being sworn 
on the the Holy Evangelist, saith: that he, this depo- 
nent, hath been for some considerable time past, viz: 
ever since the latter end of August last past, to this 
time, a resident at tlie house of Tobias Knight, esq. in 
Bath county, and that particularly on or about the 14th 
of September last past, and for several days before 



, APPENDIX. XUl 

and since, he never was absent from the said Tobias 
Knight's house, either by night or by day, nor was 
there any passages or occurrences, as this deponent; 
verily beheves, kept a secret or unknown to him, and 
further, saith that this deponent did never see captain 
Edward Teach e, nor any of his crew ; neither was any 
of them to his knowledge at the said Tobias Knight's 
house, either by night or by day, until on or about the 
24th day of the said last September, when, as this de- 
ponent is informed, he came up to the governor, and 
reported to him, that he had brought a wreck into this 
government; and diis deponent doth verily believe 
that if the said Teache, or any of his crew, had come 
to the spjd Tobias Knight's, at any time, either by 
night or by day, before that time, and especially on or 
about the 14th of September, the said deponent must 
and should have seen them ; because, at that time, 
there was an alarm of the heathens falling upon us, 
and this deponent was, at that time, and upon that 
account, very watchful, and apprehensive of every 
thing that stirred about the house, and the said Tobias 
Knight was also, at that time, in saill a state of healthy 
that this deponent verily believes he could not possibly 
have gone out of his house, to have had such commu- 
nication with any person, as in the said pretended 
evidence is suggested, without manifcvSt danger and 
hazard of his life ; neither doth die deponent believe it 
was possible for the said Tobias Knight to have had 
such communication with any person, either within 
or without his said house, widiout his knowledge, for 
that his lodging room was so near to this deponent's, 
that he must have known diereof ; and this deponeiii 
further saith, that he was at the said Tobias Knidit's 



XIV APPENDIX. 

house, on the 14lhof September, when William Bell 
came and complained that he was robbed, and desired 
a hue and cry from the said Tobias Knight, and heard 
the said Tobias Knight examine the said Beli, whether 
he could describe the persons to him that robbed him ; 
to which the said Bell said be could not, but said he 
did violendy suspect one Thomas Undy and one Ri- 
chard Snelling, commonly called Tettery Dick, to be 
two of them, and the others to be negroes, or white 
men disguised as such. Some time afterwards, he 
came again to the said Tobias Knight's, and had in 
suspicion one William Smith, and others: and this 
deponent further saith, that he never did see, or know 
of any presents, of any kind, to the said Tobias Knight, 
nor any of his family, from the said Teache, nor any 
of his crew, since his being at'the said Tobias Knight's 
house, save only one gun, of about forty shillings value : 
and this deponent further saith, that some time, on or 
about the 25th of April last, he, the deponent had dis- 
course with William Bell, of Currituck, merchant, 
concerning his being robbed of some money and 
goods, in Pamlico river, on or about the 14th day of 
September last, by captain Edward Teache, and 
among other things, he, the deponent, did ask the 
said Bell whether he thought the said Teache was at 
the said Tof^ias Knight's house the night he was 
robbed, or whether he thought he knew any thing of 
it, to which the said Bell replied, that the said Tobias 
Knight was a very civil gendeman, and his wife a very 
civil gentlewoman, and he did not think, or believe, 
that the said Teache was there, or that he knew auy 
thing of the matter, or words to that effect. 

ED3IUND CHAMBERLAIN. 



APPENDIX. ' XV 

And this board having taken the whole into consi- 
deration, and it appearing to them, that the four 
evidences, called by the names of James Blake, Ri- 
chard Stiles, James White and Thomas Gates, were 
actually no other than, four negro slaves, and since 
executed, as in the remonstrance is set forth, and that 
the other evidences, so far as they relate to the said 
Tobias Knight, are false and malicious, and that he 
hath behaved himself in that, and all other affairs 
wherein he hath been intrusted, as became a good 
and faithful officer; and, thereupon, it is the opinion 
of this board, that he is not guilty, and ought to be 
acquitted of the said crimes, and every of them, laid 
to his charge as aforesaid. 






A journal of the proceedings of the commissioners 
for running the boundary Hne between Carohna 
and Vircfinia. 

The boundary betwixt the two governments ha- 
ving been long contested, it being uncertain what was 
meant by Currituck river, or gullet, in the king's 
charter, and many disputing which was Wyanoke 
creek, the line being to begin at the north end of Cur-* 
ratuck river or gullet, but there was no river known 
by that name; Curratuck being a large bay, extending 
northw^ardly and southwardly of the inlet, and the 
north end of it, above a dozen miles to the northward 
of the inlet, where the line ought to have begun, if by 
the river, or gullet, was meant the bay; but that not 
having been duly insisted on, the inlet in time began to 
he reputed the boundary, and the north-west river, and 
channel up to it, were acquiesced in as the natural 
bounds, which left all Nott's island in Virginia, to the 
southward of the inlet; but the governor of Virginia 
afterwards granted patents to the southward of the said 
river, when they thought it was to the northward of a 
Avest line from the inlet, viz: towards the head of the 
river, up to the dismal or great Pocoson, on the west 
of which Pocoson the bounds remaining unfixed, and 
great debates being about Wyanoke creek, to which 
the line was to run, the government of Virginia pre- 
tending it was a creek, since called Wiccons, and 
Carolina claiming it to be a place called Nottaway. 



APPENDIX. XVIf 

Commissioners were appointe 1 by both governments 
to settle the matter; and depositions were taken, on 
both sides, concerning the Wyonoke Jndians, who, at 
different times, lived in both places, but no satisfaction 
being that way obtained, and the observations made to 
find the latitude differing as widely, the Virginia 
commissioners making the latitude of Wiccons to be 
in 36 deg. 40 min. and Nottaway to be in 37deg. or " 
37 deg. 16 min.; this egregious error, (as it is since 
denrionstrated to be) broke off the conference not 
without some warmth, and undue reflections made 
on it by Virgi^iia; and some time after the two go- 
vernors, viz: colonel Spotswood, lieutenant governor 
of Virginia, and colonel Eden, governor of Carolina, 
had an interview upon it, meeting at Nansemond, and 
agreed on certain pr >po3als about the boundaries 
which were interchangeably signed. 

That from the mouth of Currituck river, or inlet, 
and setting the compass on the norih shore thereof, a 
due west line be run, and fairly marked, and if it hap- 
pen to cut Chowan river, between the mouth of Not- 
toway river and Wiccon's creek, then shall the same 
direct course be continued towards the mountains, 
and be ever deemed the dividing line between Vir- 
ginia and Carolina. That if the said west line cuts 
Chowan river to the southward of Wiccon's creek, 
then, from that point of iiHerseciion, the hounds shall 
be allowed to continue up the middle of e^aid Chowan 
river to the middle of the entrance into the said 
Wiccon's creek, and from thence a due west line sludl 
divide the two governments. TJrat, if the said west 
lino cuts Black water river to ibe northward ol 
3# . ' 



XVIII APPENDIX. 

Natioway river, then, from tliat point of interseciioii, 
the bounds shall he allowed to continue down the 
middle of said Black water river, to the middle of 
the entrance into the said Nottaway river, and from 
thence a due west line shall divide the said two go- 
vernments. 

That if a due west line shall be found to pass 
through islands, or to cut out slips of land, which 
might much more conveniently be included in the 
one province than the other, by natural water bounds^ 
in such cases, the persons appointed for running the 
lines shall have power to settle natural bounds: Pro- 
vided, the commissioners on both sides agree thereto, 
and that all variations from the west line be punctually 
noted in the maps or plats which they shall return, 
to be put upon the records of both governments. 

On the last of February, 1729, the commissioners 
set off, and met the Virginia commissioners at Cur- 
rituck, the fifth day of March, at the inlet, but some of 
ihem being delayed by the weather, nothing was done 
that day. At night the variation was taken by the 
north star, viz: when the north star and the fourth in 
the great bear came on the meridian together, or on 
a perpendicular, which was done by a line hanging 
perpendicular from the end of a pole, and a moveable 
light, at some distance on the ground, to range at the 
same lime in the line; and afterwards that light re- 
maining fixed, and the perpendicular line set by the 
compass and the variance of that from the needle, i^ 
the variation which was found, about 3 degrees, and 
the sun's altitude the next morning made it much the 
same ; and so again, when the north star was observed 



APPENDIX. XIX 

the second night, so that it was agreed on to he the 
variation of the compass. The latitude, too, was 
observed, and foun9 to he about 36 degrees and 31 
minutes. 

There was also a debate, at this conference, about 
the first station to set out from. The place being a 
little altered since the proposals were made, deposi- 
tions were taken of the neighboring people. Thursday, 
March 7, a cedar post was fixed in the sand, on tbe 
north side of the inlet, for the first station, and a due 
west line set out with, viz: by ilie compass No. 87, 
west, and that day the line was run as far as Nott's 
island, about twenty rods to the northward of Wicker's 
house, and so across the island to the marsh, leaving 
about tbree hundred and fifty acres of upland of the 
island in Vu'ginia, and two families; the rest of the 
island taken into Carolina, which is about five miles 
long, and also Jones, joining to it, which contains 
about two thousand acres and about half a score of 
families, tliercby taken into Carolina, that before were 
in Virginia. 

On the 8th of March, the line was run from Nott'S 
island through the marsh and a part of Back bay, to 
the main, leavinor a JiiiJe of tlie marsh to the north- 
"\vard; but the greatest part taken into Carolina, of 
wbich, dioui;b some thousands acres partiaiivsurvevcd, 
as could be learned only some by captain AVhite, and 
abotit five hundred and forty acres by Mr. Morse. The 
main end is a point of land, made by Back bay and 
North river^ about a mile and a half over, and was 
cut by the litie near two miles from the e?)d of the 
point, leaving a()out five or six fatnilics to the south- 
ward (hat \\:u] been reputed Virginians. 



/ 



XX APPENDIX. / 

On the 9th of March, the hne was continued across 
the point of Princess Anne county, striking North 
river to the northward of Riclrard Eisland's house, 
crossed the river and a great body of marsh, to die 
upland, near three miles to the northward of the 
mouthof Northwest river, which had been the reputed 
boundary. 

On Sunday, March 10th, we rested at our camp at 
Marchand's plantation. 

On the 11th, the line was continued to Northwest 
river, at the mouth of a small creek, running east- 
wardly towards Notham's house, being about a mile 
to the northward of Moyok creek, taking into Caro- 
lina, between North river and where it cutsNordiwest 
river, about five or six thousand acres of land taken up, 
besides quantities of marsh and other land^ including 
three thousand one hundred acres formerly belonging 
to governor Gibbs, now said to belong to the honora- 
ble Mr. Bladen, one of the lords of trade, there being 
five or six families in that space taken from Virginia. 

On the 12tli, the line w^as run from Northwest river, 
two Iiundred and thirteen chains, to a stooping red 
oak, by a path side that leads from Jolm Monk's to 
Henry Bright's, being about tw^enty miles from the 
inlet, the line running about three quarters of a mile 
to the southward of a bridge of Northwest river, leav- 
ing about four or five poor families and small tracts 
of land in Virginia that before were reputed in Caro- 
lina, this being the first land that Virginia gained. 

On the 13th, the line was continued to the edge of 
the Great or Dismal swamp, two hundred and seventy- 
eight chains, being about twenty-three miles and a 



APPENDIX. ^XXI 

Tialf from sea; the line this day running a few rods to 
southward of Richard Bellamy, sen.'s, leaving Henry 
Everidge to the southward of William Bellamy to the 
northward and Richard Lenton to the southward; 
and only three Carolina families were this day left 
into Virginia, though they all had but one tract of six 
hundred and forty acres of land among them ; a few 
families, to the southward of Northwest river, were 
left in Virginia, who had Virginia patents before, and 
belonged tliereto. 

On the 14th, the line entered the Dismal, and it was 
the 28th before it was finished, though being found 
to be only about fifteen miles through in a direct 
coarse, and came out to the nordiward of Coreapeck 
swamp, greatly to the disappointment of the Virginians 
and to the great satisfaction of Carolina. 

On the 29th, the line was run near the main road 
that leads from Perquimans to the White marsh, in 
Virginia, cutting the said road about seven or eight 
miles to the northward of captain Speight's, and a 
marked post was put up by the road. 

On the 30th, the line was run five hundred and 
fifteen chains, nejir to Richard Parker's, whose house 
was left about one hundred rods to the southward. 

On the 1st of April, the line was run nine hundred 
and thirteen chains, to Sommerton creek, cutting 
Sommerton road about a mile and a half to the so'.nh- 
ward of die Capple and Meherring ferry road, near 
William Speight's, whose plantation was split by the 
line, marked posts being put up on the main roads 
where the line crosses them. 

On the 2d, the line was run seventy-two chains and 
a half, to Biackwater river, cutting the said river above 



XXII APPENDIX. 

the mouth of Nottaway, going south on a straight line 
forty-four chains; and ihehne was continued this day 
to the upland from Nortavvay river to an Indian old 
field. It now appeared how the government of Vir- 
ginia had heen mistaken, and how exceedingly their 
former commissioners and surveyors had erred in 
their reports and observations from the Great or Dis- 
mal swamp to Blackvvater river, being twenty-one 
miles and a half that were taken by the line into Caro- 
lina, a very great quantity of land, and a number of 
families that before had beenunder Virginia, of which 
the time would not admit to take an exact account, 
but computed to above one hundred thousand acres, 
and above three hundred titheables. 

On the 3d, the variation was observed in the night, 
and found to be here 2 1-2, so the line was run by 
the compass north 87 degrees 30 minutes west, and 
continued one thousand and twenty-two chains this 
day, to the side of Meherring river, being above a 
quarter of a mile to the northward of the line run 
formerly by colonel Allen, by order of the govern- 
ment of Virginia, which was done without allowinij 
for the variation of the compass, by which means 
some lands and two or three families were this day 
taken into Carolina from Virginia. 

On the 4th, a conference of the commissioners was 
held, and it was proposed by those of Virginia, that, 
as the hot weather and the season for snakes and ver- 
min, were about commencing, a continuation of the 
service might be dangerous: desiring the opinion of 
the commissioners, whether it would not be better to 
defer the finishing of the line till the fall. It was 
answered bv the commissioners of Carolina, that thev 



APPENDIX. XXIII 

would be governed in it by ibe gentlemen commis- 
sioners of Virginia, being willing to proceed if they 
would; but if they thought fit to defer it to the fall, it 
was submitted to. After some debate, it was agreed 
on to defer the matter until the fall for finishing the 
line, and the commissioners on both sides agreed to 
meet again on the 10th of September following, only 
this day to run the line to some better place to leave 
off at; and accordingly the line was continued, cross- 
ing the river Meherring three times, to a red oak on 
the west side thereof, about a mile above Mrs. Kin- 
chen's, at whose house the commissioners broke up. 



Succinct history of the settienitnt of the Unitas 
Fratrvm^ or the United Brethren, in North 
Carolina. 

The Unitas Fratrwn,, or the Protestant Episcopal 
Church of the United Brethren, commonly called 
Moravians, made the beginning of its settlement in 
North Carolina in the year 1753. 

In the year 1735, some members of this church 
came from Europe, to settle in Georgia, on a piece of 
land, which was granted unto count Zinzendorf by 
the trustees of this province, for a settlement of the 
United Brethren. One of the principal motives for 
accepting this ofTer, was the hope, that thereby a way 
might be opened for the preaching of the gospel to the 
Indians, especially to the Creeks and Cherokees. 

The first colony of brethren arrived in Georgia, in 
the spring of the year 1735, and received in the sum- 
mer of the same year a considerable increase. They 
built a large house in the town of Savannah, and made 
a settlement in the country. God so blessed their 
industry, that in three years they were able to pay off 
all the money advanced to them. They likewise erect- 
ed a school house for the children of the Creek In- 
dians, on the river Savannah, four miles above the 
town. Many Indians, and with them their king, Tomo 
Tschatchi, came io see the brethren, and to liear the 
^^ospel, or, as they expressed it, the great word. 



APPENDIX. XXV 

There was a fine prospect, that this settlement of 
the brethren would prosper, and they would find en- 
trance with the gospel anriong the Indians, and be 
blessed with success in the instruction of their chil- 
dren, as some of them had already learned to read 
English pretty well, and began to write; but, as a 
war broke out bet^^eea the British and the Spaniards, 
in 1737, and was renewed in 1739, the brethren, 
who were conscientiously scrupulous to take arms, 
were forced to do it, contrary to the promise made 
unto them, of being exempted from persohal military 
service, they sa\> themselves necessitated to abandon 
their well cultivated land and houses, and remove, 
after having defrayed all the expenses incurred on 
their account, in 1738 and 1740, to Pennsylvania; 
where they began the settlements at Bethlehem and 
Nazareth, and likewise missions among the Indians in 
different parts of Pennsylvania and New- York. God 
blessed their libor among these savages, in so emi- 
nent a manner, that by his grace many of them turned 
from darkness to light, and from the power of Satan 
unto God, and received forgiveness of sin and inherit- 
ance among those that are sanctified by faith in Jesus. 
The various oppressions which the brethren and 
their missionaries among the heathen, had to endure, 
by ill disposed persons and other circumstances, gave 
occasion to the negotiations of tlie Unitas Fratruni 
with the British parliament. The result of them Was, 
that after a strict examination into the origin and tlie 
present state of the brethren's church, the Unitns 
Fratrum or United Brethren, wore declared by a 

public act of the parliament of Great Britain, to wiiich 

4^ 



XXVI APPENDIX. 

the royal assent was given the 12ih May, 1749^311(1 
which is entitled '•• an act for encouraging the people 
known by the name of Unitas Fratrvm or United 
Brethren, to settle his majesty's colonies in America," 
to be an ancient Protestant Episcopal church ; that 
those who were settled in his majesty's colonies in 
America, had demeaned themselves there as a sober, 
quiet and industrious people, and that they shall be 
indulged with full liberty of conscience, and be ex- 
empted from personal military service for a reasona- 
ble compensation, and be permitted, instead of taking 
an oath; in cases where the laws require it, to make a 
solemn affirmation or declaration. 

While these negotiations with the British parlia- 
ment were pending, several lords and gentlemen be- 
came more intimately acquainted with the brethren, 
and made offers unto them of settlements on the con- 
tinent of America and on the islands. Among all 
these offers, none came to effect but the purchase of 
a hundred thousand acres of land in North CaroHna, 
in the territory of the earl of Granville,^ the president 
of the privy council. The view of this colony was^ 
to give to such of the brethren's church and others 
as should desire it, an opportunity of setding at a 
cheap rate^ in a country as yet but little cultivated, to 
serve both in a temporal and spiritual sense the inha- 
bitants, who were already setded there, and who 
should setde in their neighborhood, and to preach the 
gospel to them as well as to the Cherokees, Creeks 
and other Indians. The purchase of the land was 
made in the year 1751. August Gotdieb Spangcn- 
berg, one of the bishops oixh^Uniias Fratrum^ who 



APPENDIX. XXVII 

then resided at Bethlehem, and had the superitend- 
ence of all the setdements and missions of the bre- 
thren in Pennsylvania, was commissioned to go with 
some brethren to North Carolina, in order to seek 
out, and survey the land. They departed in August, 
1752, from Bethlehem for Edenion, and from thence 
with Mr. Churton, the general surveyor, to the head 
waters of the rivers Catawba, New river and Yadkin, 
where they spent several months before they could ob« 
tain their aim ; during which time they suffered much 
by sickness, cold and hunger, till ihe end of the 
month of December. After having surveyed several 
small pieces of land on Catawba and New rivers, 
and at the Mulberry fields, on the Yadkin, they were 
led by the good hand of the Lord to a large tract of 
land on the east side of the Yadkin, full of springs, 
rivulets and creeks, well timbered, and, for the greatest 
part, good for agriculture and raising catde. 

Bishop Spangenberg and the other brethren re- 
turned in January, 1753, to Bethlehem, having finish- 
ed the survey of 73,037 acres, in fourteen numbers: 
to these, an additional survey was made by Mr. Chur- 
ton, of 25,9 18 acres, in five numbers, in the same 
tract; making the total sum of 98,925 acres. 

In conformity to an agreement made heretofore, 
between the right honorable John, earl of Granville, 
lord president of his majesty's most honorable privy 
council, sole proprietor of a certain district, territory 
or parcel of land, lying in the province of North Caro- 
lina, in America, on one part, and the count Zinzen- 
dorf, lord advocate, chancellor and agent of die IJnitas 
Fratriim^ or United Brethren, on their behalf, on the 



XXVIII APPENDIX. 

Other part; the aforesaid tract of land, in considera- 
tion of a certain sum of money to him, the said John, 
earl Granville, to be paid, was granted and conveyed 
to Jamts Huiton, gentleman, secretary of the Unilas 
Fratrnm^ or United Brethren, his heirs and assigns, in 
trust and for the use, benefit and behoof of the said 
TJnitas Frntrum^ to be set out and surveyed in con- 
venient tracts and parcels, according to the option and 
direction of such person or persons, as should be em- 
ployed for that purpose by the lord advocate, chancellor 
and agent aforesaid, to hold the same to the said 
James Hutton, his heirs and assigns, at and under a 
yearly rent to be annually paid to the said John, earl 
Granville, his heirs or assigns, &.c. 

The general deed for the whole tract was sealed 
and signed the 7th August, 1753. Besides it, nine- 
teen special deeds were made for each number of the 
said tract. As count Zinzendorf had also the tide of 
lord of the valley Wachau, in Austria, the aforesaid 
tract of 98,985 acres, was named Wachau, or 
Wachovia. 

In order to facilitate the improvement of the land, 
to furnish a part of the purchase money, and to defray 
the transport, journey and other expenses of the first 
colonists, a society was formed, under the name of 
Tlie Wachoma Society^ consisting of members of 
the brethren's church and other friends. The di- 
rectors of it were bishop Spangenberg and Cornelius 
Van Laer, a gendeman residing in Holland. The 
members of it, who were about twenty, received in 
consideration for the money which they advanced, 
two thousand acres of the land. This society was 



APPENDIX. XXIX 

again dissolved, in the year 1763, having proved very 
beneficial, and answered the intended purpose. In 
the autumn of the year 1753, the first colonists, twelve 
single brethren,"^ or unmarried men, came from Beth- 
lehem to settle upon the land. They had a waggon, 
six horses, cattle, and the necessary household furni- 
ture and utensils for husbandry with them. After a 
very tedious and fatiguing journey, by way of Win- 
chester, Evan's Gap and Upper Sauratown, on which 
they spent six weeks, they arrived on the land the 17th 
of November, and took possession of it. A small de- 
serted cabin, which they found near the Mill creek, 
served them for a shelter, or dwelling house, the first 
winter.! They imediately began to clear some acres 
of land, and to sow it with wheat. In the year 1754, 
seven new colonists, likewise single brethren, came 
from Bethlehem. It was resolved, that on the same 
spot, where the first setders had made already a small 
improvement, a town should be built, which was named 
Betliahara^ (the house of passage) as it was meant 
only for a place of sojourning for a time, till the prin- 
cipal town, in the middle of the whole tract, could be 
built, at a convenient time. Bishop Bohler, who was 
here on a visit from Bethlehem, laid, on the 26th of 
November the corner stone for the first house in this 



* Their names are : The reverend Rernhard Adam Griibe. 
minister, Jacob Lash, warden, Hans Martin Kalberlahn, sur- 
geon, Jacob Pfeil, shoemaker, Erich Ingelretsen and Henry 
Feldhousen, carpenters, Hans Petersen, taylor, Christoph 
Merkle, baker, Herrman Lash, miller, Jacob Lung, John Bcroth 
and John Lisher, farmers. 

t On the spot where this cabin stood a monument was erected 
in the year ISOG, with the inscription, Wachovia sctilcm'iifj begun 
the, nth November y 1753. 



XXX APPENDIX. 

town, which was appointed for a church and dwelling 
house of the single brethren, with prayer and suppli- 
cation to our Lord, that he might prosper the work. 
He likew^ise examined more accurately the greatest 
part of the Wachovia tract, divided it into proper parts 
for improvement, and gave names to several creeks, 
which are yet sometimes used, and are to be found in 
deeds and pubHc records. 

The Millcreek^ on which Bethabara, or Old town, 
is buih, was called Johanna^ the Muddy creek, or 
Gargales, on which Bethany was afterwai^ds built 
Dorothy^ the Middlefork, on which now Salem, the 
principal town, stands, Wacli^ and the Southfork, 
which waters the Fried berg and Friedland settlements. 
Ens. In the year 1755, a mill was began to be built, 
on Mill creek, near Bethabara, which proved a great 
benefit to the setdement, and the circumjacent country, 
as more inhabitants soon settled in the neighborhood. 
In the month of May, bishop David Nitschmann came 
on a visit from Bethlehem, and on the 11th of the same 
month, the first meeting house was consecrated, which 
solemn transaction was attended with a gracious feel- 
ing of the divine presence. Many travellers and 
neighbors have heard afterwards, in this house, the 
word of life, with joy and gratitude. The physician, 
or surgeon, soon acquired an extensive practice, which 
was a great benefit to this infant settlement, in ihe 
autumn of the same year, Wachovia was declared by 
an act of assembly a separate parish, and after the 
name of their governor, called Dobb^s parish. The 
reverend Christopher Thomas Benzien, from Bethle- 
hem, was commissioned to transact this business with 



APPENDIX. XXXI 

the assembly. This regulation lasted to the year 1756. 
The reverend Mr. Jacob Rodgers, who canie in the 
year, 1758 from England, was the first minister, or 
rector, of Dobb's parish. His ministry, as the preach- 
ing of the gospel by the brethren in general, was at- 
tended with great blessing to many hearers in the 
different places, on Muddy creek, Southfork, ^c. 
where they used to preach, and particularly to a great 
number of people, who, on account of the war widi 
the Shawanoes and Delaware Indians, in 1756, and 
the following years, sought, and found, refuge with the 
brethren. The latter enclosed their town, Beihabara, 
and the adjacent mill, near which some of the fugitives 
built houses, with pallisadoes. As there was at the 
same time a great scarcity of corn in North Carolina 
and Virginia ; for the crop of Indian corn, which is 
the chief support of the inhabitants, had failed, the 
brethren, who had reaped a great quantity of wheat 
and rye, were enabled to supply the wants, not only 
of these fugitives, but also of many other people. 

In the year 1758, the Cherokees and Catawbas, who 
went to war against the Indians on the Ohio, often 
marched through Bethabara, in large companies, 
sometimes seyeral hundreds at once, and the brethren 
were obliged to find thom quarters and provisions for 
several days. The Cherokees were much pleased 
with the treatment which they met, and gave to their 
nation the following description of Bethabara: The 
Dutch fort ^ where there are good people and much 
bread. 

As several of the fugitives, who had constantly at* 
tended the preaching of the gospel, and felt the power 



XXXII APPENDIX. 

of it, asked leave of the brethren to stay with them 
and to setde on their land, it was resolved in the year 
1 759, when bishop Spangenberg and the reverend Mr- 
John Ettwein, from Bethlehem, were present, to lay 
out another town, three miles to the north from Beth- 
abara, on Muddy creek, in the northwest corner of 
Wachovia tract. This was done in the month of July, 
and two thousand five hundred acres of land assigned 
to the town lot, which the inhabitants of the town 
should hold for a certain yearly rent, after three years 
rent free, for the first settlers. The town was called 
Bethany, it was laid out into thirty lots, fifteen of 
which in the upper part were assigned to the fugitives, 
and fifteen in the lower town were appointed for such 
families in Bethabara, (which setdement of late had 
received an increase often families from Bethlehem,) 
who might be inclined to begin husbandry and house- 
keeping for themselves; for, hitherto, everything at 
Bethabara had been done and laid out for the common 
good, as was the case in Bethlehem, in the first be- 
sinnino: of (hat setdement. Bethabara was visited in 
the autumn of 1759, with an epidemical disorder, of 
which eleven persons died, and among them the Ger- 
man minister of the place, the reverend Christian 
Seidel, and the surgeon, Mr. JTilberlahn. 

In the year 1780, the devastations and cruelties of 
the Cherokees, who had now joined the northern In- 
dians in the war against the white people, put the inha- 
bitants of Bethabara and Bethany under the necessity 
of being day and night continually upon their guard. 
Hostile Indians came often very near their towns, with 
an intention t» destrov them, and to kill the inhabitants 



APPENDIX. 3;X|C1U 

or making ihem prisoners, but never ventured to make 
an attack. Often times, they were frightened by the 
ringing of the beli for meeting at church, which meet- 
ings tiie brethren in both places kept regularly on 
Sundays, and every evening in the w^eek. Many sol- 
diers, marching against the Indians, attended divine 
service in both places. In Bethany, about four hun« 
dred were present at it, on Easter Sunday. Besides 
the meeting house, ten dwelling houses were, in ApriU 
1760, already built and inhabited, in this new town. 

When peace was established, in the year 1761, 
with the Cherckees, die setdenients increased in the 
following yeais in numbers, by new colonists from 
Pennsylvania, atxl trade and commerce began to 
iiourish. At the end of the year 1765, the number of 
inhabitants in Bethabara was 88, and in Bethany 78. 
The greatest part in the latter place were farmers, and 
in the former tradesmen, as taylors, shoemakers, car- 
penters, potters, tanners, milwrights, gunsmiths, 4*^, 
In the year 1766, the beginning was made to build 
Salern^ the principal setdenient of the Unitas Fratmm 
in North Carolina, five miles to the south east from 
Bethabara. Hitherto, all the brethren and sisters who 
settled in North Carolina, came from Pennsylvania. 
But, in this year, the first company, consisting of ten 
persons, came from Germany, by way of London and 
Charleston. As bishop Spangenberg, who with unre- 
mitted zeal and diligence had superintended the affairs 
of these sctdements, returned, in the year 1763, to 
Europe, Frederick William von Marshall, senior ci- 
vilis of the Unitas Fratrum^ wa$ appointed in hi& 
place, in the year 1761. He laid out, in 1765, tli^ 



5 



# 



XXXIV APPENDIX. 

town of Salem, went in 1766 to Europe, to transact 
there the necessary business concerning this new set- 
tlement, and returned in 1768, with several brethren 
and sisters. Jn the conferences, which he had during 
his stay in Europe with the elders of the brethren's 
unity, it was resolved, that Salem should be built in 
the same manner, and have the same regulations as 
Herrnhut, Niesky, Bethlehem, and other setdements 
of the United Brethren, wherein the unmarried 
men and boys, and the unmarried women and girls, 
live in separate houses, by themselves. The house 
for the unmarried men, or single brethren, was built 
in the years 1768 and 1769. 

In this and the following years, several families^ 
chiefly farmers, from different parts of Pennsylvania, 
and the province of Maine, in Ne vv -England, settled 
on the Wachovia tract, and in the neighborhood of it> 
with a desire, that they and their children might be 
under the care of the brethren's church, and instructed 
by them in their way of life. Most of them were be- 
fore in the connexion of the brethren, and had heard 
from them the gospel of our salvation through Christ^s 
atoning blood and death, with a blessing for their 
souls. A part of the German families, who came from 
Pennsylvania, settled in the neighborhood of Bethany, 
where they attended regularly the meetings on Sunday: 
most of them having joined in the following time the 
brethren's church. Another part of said German fa- 
milies settled on the waters of the Southfork, in the 
southwest part of Wachovia. Several of these new, 
and some of the old, setders in these parts, to whom 
the brethren had preached the gospel, since the ye^x 



APPENDIX. XXXV 

1758, m the house of Adam Spach, were formed into 
a society of the brethren, and put themselves under 
their care in spiritual things. A meeting and school 
house was buik on a piece of ground, consisting of 
seventyseven acres, and consecrated for divine service 
on the l*2th March, 1769, This settlement received 
the name of Friedberg, Another settlement in the 
^outh east part of Wachovia land, on the head waters 
of Southfork and on the Middlefork was begun in 
1770, by about fourteen German families, who in this 
and the year before arrived from Broad bay, now York 
county, in Maine, in the state of Massachusetts. The 
first company, consisting of six families, was ship- 
wrecked on their voyage from Broad bay to Wilming- 
ton, in North Carolina, near the island of Roanoke, 
but no lives were lost, and most of their goods saved. 
They tound for the first, winter quarters and provisions 
m Salem, and assisted in building several houses in 
the new town. When the second company, consisting 
«f eight families, accompanied by their minister, the 
reverend Mr. Soelie, arrived, the farm lots of the new 
setdement were laid out, in November, 1770, and the 
settlement called Friedland, In the middle of it, a lot 
of thirty acres was reserved for a meeting and school 
house. In the year 1771, the inhabitants in all the 
Wachovia settlements, and especially those in Betha- 
bara, were in great danger, on account of the regula« 
tors, who were very numerous in these parts, and se- 
veral times threatened to destroy tiie settlements of the 
brethren, as they would not join tliem in their opposi- 
tion to government. Governor Tryon, after having 
^btainod a complete victory ovoi* them, and re-esta- 



SXXVI APPENDIX, 

blished order and peace, came with his army to Beth- 
abara, to receive the oath of allegiance, and take tiic 
arms of all people in the neighborhood, who had op- 
posed government. He and his army were highly 
gratified by the treatment they met from the brethren, 
and by their improven^ientsand progress in agriculture 
and the mechanical arts. The brethren, on their part, 
acknowledged, with heartfelt gratitude, the mercy of 
God, in averting from them all evi! in these perilous^ 
times, and in strengthening the arm of government for 
their protection. 

In order to promote the internal and external wel- 
fare of the settlements of the brethren in North Caro- 
lina in general, and especially to assist in the regula- 
tions concerning the principal settlement at Salem, 
a deputation arrived this year from Europe, which 
was sent in conformity to a resokition, made in ther 
general synod of the Unitas Fratriinij which wdts held 
in the year 1769, in Marienburg, in Germany. The 
deputies were two members of the elders' conference 
of the Unitas Fratrum^ Christian Gregor and Joha 
Lorez, the first of whom was afterwards consecrated 
a bishop, and the latter a senior cimlis of the bre- 
thren's church, Ha^s Christian von Schweiniz, Mr. 
von Marshall's son in law, one of the directors of the 
brethren's settlements in Pennsylvania, also assisted 
in this service. They arrived m September, 1771. 
from Pennsylvania^ and having finished the work 
committed to^ their care, to the satisfaction of all the 
brethrea and sisters, to whom this visit gave much joy 
and encouragement, they returned in November to 
Bethlehem. On the 13th of that month, the eongre* 



APPENDIX. XXXVIi 

gation and meeting house in Salem, to which the 
corner stone had been laid on the 17th April, 1770, 
was consecrated. 

In the year 1772, several English families, who 
lived in Carrolismanor, in Frederick county, Mary- 
land, and had been many years in connexion with the 
brethren's church, came to North Carolina, and be- 
gan a settlement in the southwestern part of Wacho- 
via tract, on the waters of Muddy creek. This settle- 
ment, which in the following year was increased by 
several other families from Maryland, received after- 
wards the name of Hope, Anumber of English fami- 
lies, living on the Yadkin river and Muddy creek, had 
the gospel preached unto them, since the year 1758, 
by the Rev. John Ethvein, Rogers, Usley and Soelle, 
and other ministers of the brethren's church, at stated 
times, in the houses of Christopher EIrod and Isaac 
Douthil, whereby they became connected with the 
brethren's church, and attended several years the 
meetings in Bethabara, Salem and Fried berg. Some 
of them became members of the latter congregation, 
the meeting house of which being the nearest to them. 
As these Ens^lish families had a desire to have the 
gospel regularly preached unto them, in their own 
language, they, in conjunction with the English fami- 
lies arrived from Maryland^ formed themselves into a 
society, with the intent to become in time a settled 
conorregation of the church of the United Brethren, 
and to build a meeting house in the new settlemefif, 
wherein divine service might be held, and the holy 
sacraments administered unto them in Uieir own lan- 
guage. Salem received this year an increase of above 



XXXVIll APPENDIX. 

sixty persons from Bethabara and Pennsylvania ; and 
Fried berg, its settlement and regulations as a congre* 
gation of the brethren's church, and the holy commu- 
nion was held for the first time in the meeting house, 
which had been built in this settlement as early as the 
year 1769. 

In the year 1773, Wachovia, formerly a part of 
Anson, and afterwards of Rowan county, became a 
part of Surry county. By and act of assembly, made 
in this year, it was confirmed to be a separate parish. 
A vestry was elected in April, consisting of twelve- 
persons, and two church wardens were appointed. 
The Rev. John Michael Grafl^ minister of the congre- 
gation in Salem, to whom the Rev. Paul Tiersch, 
who came last year from Pennsylvania, was associa- 
ted in this office, was on the 6th June consecrated in 
Bethlehem, a bishop of the TJnitas Fratrvm, He 
ordained, on the 17;h October, in Salem, Ludolph 
Gottlieb Bachhoff* and John Jacob Ernst, deacons of 
the brethren's church: this was the first act of ordina- 
tion performed in Wachovia. The general direction 
of all the settlements and congregations of the bre- 
thren in North Carolina, was now committed to Fre- 
derick William von Marshall, senior chilis^ and John 
Michael Graff, ep. for.^ to whom were associated 
Paul Tiersch, presbyter, and Richard Usley, deacon. 
They had to superintend all the general concerns, as 
well internal as external, and to deliberate on them in 
conference, under the name of the General Helpers'^ 
Conference for Wachovia, 

The special direction of the three congregations in 
Salem, Bethabara and Beihania, was vested in an 



APPENDIX. txXlK 

elders' conference, consisting of the above named per- 
-sons and all the ministers and elders of said congre- 
gations, who met regularly once a week in Salem. 
Committees, elected by the church members, were 
anew appointed in every place to assist the elders' 
conference, in keeping good order, and in transacting 
the external affairs of their congregations. Similar 
committees were afterwards constituted in Friedberg, 
Friedland and Hope. 

In the years 1774 and 1775, two faithful gospel 
ministers entered into the joy of their Lord, viz: the 
Rev. Paul Tiersch on the 1 6th October, 1774, and 
the Rev. Richard Usley on the 9th October, 1775. 
In the beginning of the latter, Frederick William von 
Marshall went to Europe, accompanied by his wife, 
and attended the general synod of the Unitas Fra- 
trum in Barbey, m Saxony, as senior civilis and de- 
puty of all the brethren's congregations in North 
Carolina. He took his way through South Carolina 
and Georgia, and visited the missionary settlement of 
the brethren, which in the preceding year had been 
commenced on general Habersham's estate, in Geor- 
gia, for the conversion of the negroes, and conducted 
unto the missionaries an assistant from Salem. 

During the revolutionary war, which commenced 
in 1776, the settlements of the brethren in North 
Carolina, suffered great hardships and losses, but ex- 
perienced at the same time many signal proofs of the 
gracious providence and powerful protection of the 
Lord, to whom alone they ascribed their preservation 
in these perilous times, and who inclined the hearts of 
superior and inferior magistrates, and ofTicers of the 



XL APPtNDIX. 

armies on both sides, to interpose in their favor, often- 
times when they found themselves in the greatest dis^ 
tress and anxiety. 

In 1778, several brethren were drafted for military 
service in the army, and each of them had to pay 
£25 North Carolina currency for a substitute: ill dis- 
posed persons took out warrants on the lands of the 
brethren. The system of parishes being abolished, 
the name of Dobbs' parish ceased of course. In the 
new county of Wilkes, the court house was built on a 
tract of land on Yadkin river, near the Mulberry 
fields, which had been granted in die year 1751 by 
lord Granville to Henry Cossart, in trust for the UnU 
tas Fratrum^ and on which certain persons had set- 
tled without leave. This occasioned in the following 
time a law suit, between the Uiiitas Fratrum on one 
side, as plaintiffs, and the persons who settled on the 
land, as defendants. 

In January, 1779, the Rev. Gottfried Prsezel and 
Christian Heckweelder, were sent to the general as- 
sembly, then sitting at Halifax, with a petition, signed 
by the greatest part of the brethren in Salem, Betha- 
bara, Bethania and Fried berg, praying to be exempted 
from taking the oath of abjuration, and for protection 
in the quiet possession of their land, as several persons 
had entered in the new established land office several 
parts of the Wachovia lands, and even the town lots of 
Salem, Bethabara and Bethania. Upon this petition, 
the general assembly made a law, that the brethren, if 
they should take the affirmation of allegiance and 
fidelity to the state of Carolina, and the United States, 
should remain in the quiet possession of their proper- 



APPENDIX. XLi 

ty, and be exempted from all personal military duties^ 
provided they pay a triple tax. In conformity to this 
law, the brethren took the affirmation of allegiance 
and fidelity before a justice of the peace, and remain- 
ed from tliat time undisturbed in the possession of 
their property, and of those privileges granted unto 
them by the before mentioned act of the British 
parliament and the assembly of this state. 

A troop of light horse, belonging to general Pu- 
laski's corps, were quartered in May of the same 
year, several days in Salem, and attended public wor- 
ship, with great satisfaction. Their deportment was 
very civil, and they paid all their expenses. As one 
of them had lately recovered from the small pox, the 
town of Salem was infected, and forty persons got the 
disorder, of whom two died. Frederick William von 
Marshall returned, with his wife, from Europe, after 
an absence of nearly five years, being there so long 
detained on account of the war. They made the voy- 
age from London to New- York in company with 
bishop John Frederick Reichel, a member of the 
Unity's elder's conference, who was deputed by it to 
hold a visitation of all the brethren's setdements and 
congregations in the United States of America, and 
arrived, with his wife, in Salem, in June 1780, with 
some assistants for the service of the congreorations in 
North Carolina. During his stay, fiom the 15th June 
to the 5th October, he published the resolutions of the 
last general synod of the Unitas Fratrum^ which was 
held in Barby, in 1755, made the necessary regulations 
in conformity to them, ordained three deacons, bap- 
tised several adult persons, and strenfflhened the con- 



Xm APPENDIX. 

gregations and iheir divisions according to the different 
ages and sexes, by his pubHc and private discourses to 
them, in faith, love and hope, Tlte Lord blessed his 
labor in a particular manner. 

On the 20th August, he held the first holy commu- 
nion, in Hope^ in the meeting house in this settlement, 
which was built in 1779, and this congregation vvas^ 
now settled and regulated according to the tenets, 
rules and rites established in the brethren's church • 
The same was done by him in Friedland, on the 4th 
September, in which setdement the nreeting house had 
been built already, in the vear 1775. These trans- 
actions were blessed in borh places with a gracioui^ 
feelings of the presence of the Lord, and the members 
of the new formed congregations pledged themselves 
mutually, m a solemn manner, by grace to walk 
wordiily their high calling in Christ Jesus, in truth ^ 
and love. As the legislature of North Carolina had 
Fesolved to meet in November, in Salem, the governor^ 
and several members of both houses, stayed there se- 
veral weeks, but.no quorum was formed. These gen- 
tlemen were much satisfied with the reception and 
treatment which they met. Salem became more 
known, and the brethren were regarded as a peace- 
able, industrious and benevolent society. In the year 
1782, an act was passed by the general assembly of 
North Carolina, entitled, "An act to vest in Frederick 
William Marshall, esq. of Salem, in Surry county, the 
lands of the Uititas Fratrum^ in this state^ for the 
use of the said United Brethren, and for other pur- 
j>oses."* 

* It is as follows: *' Whereas Frederick William Marshall, 
e^. of Salem, in Suit^. county, hath made it appear to this 



APPENDIX. XLIIZ 

On the 29th of August of the same year, bishop 
John Michael Graff, entered into eternal rest, and 
joy. The ministry of this meek and humble follower 
and faithful servant of Christ was blessed by his Lcrrd 
in a particular manner to the congregation in Salem, 
and to all the brethren's congregation in North Caro- 
lina. The 4th of July in the year 1783, being set 
apart by the legislature of the state of North Carolina, 
as a day of prayer and thanksgiving, on account of the 

.<»eneral assembly, that all the tracts of land in this state, be- 
longing to the lord advocate, the chancellor and agent of the 
Unitas Fratrum, or United Brethren, have been transferred to 
him from the former possessors, in trust for the Unitas Fratrwrif 
x)r United Brethren; and whereas doubts have arisen whether 
the said tracts do not come within the description of the con- 
fiscation act, and to quiet the minds of (hose to whom convey- 
ances have been, or are to be, made, or any part, or parts, 
thereof: 

" Be it, therefore, enacted, by the general assembly of the 
state of North Carolina, and it is hereby enacted by the au* 
thority of the same, that a certain deed of Jease and release, 
dated the 27th and 28th of October, 1773, from James Hutton, 
conveying the tract of Wachovia, in Surry county, be hereby 
declared valid in law, and to be admitted to probate in the 
county of Surry, and registered in the register's office, agreeable 
■to the testimonials thereunto pertaining; and that all land^ 
which, by a deed of bargain and sale of the 20th April, 1764, 
between William Churton and Charles Medcalf, registered in 
the county of Orange, in book No. 1, p. 106, and in Rowan 
county, in book 8, No. 5, p. 4-52, &c. were then conveyed to 
.said Charles Medcalf, be hereby vested in the said Frederick 
W. Marshall, in trust as aforesaid, and all conveyances of the 
above mentioned lands, or any of them, made, or which shall 
be made, by the said Frederick W. Marshall shall be as good 
and valid, to all intents and purposes, as if the confiscatiou act 
had never passed. 

"And be it further enacted, by the authority aforesaid: that 
the power of aftornoy of Christian I'redeiick Cossart, dated 
the 3d November, 1772, empowering said P'rederick W. Mar- 
shall to sell his lands, be admitted to probate and registry in 
the county of Wilkes, and be as good and valid in law, as it 
could or might have be^n, bad the act qf conliscation never 
passed." 



XUV APPENDIX. 

treaty of peace and amity between the United States 
and Great Britain, was celebrated in a very solemn 
inanner in all the brethren's congregations in this 
state, with heartfelt gratitude towards the Lord, for 
his protecting care and help which they had enjoyed 
during the Avar, in hours of dinger and affliction, and 
with fervent prayers for the welfare and prosperity of 
the United States in general, and the state of North 
Carolina in particular, to the glorification of his name, 
and the propagation of the Redeemer's kingdom. 

On the 31st of January, 1781, the tavern in Salem 
took fire by accident, and the whole building was re- 
duced to ashes. This, and a similar accident in 
Bethabara, where, in December, 1802, the distillery 
house was consumed by fire, were the two only cases 
of distress by fires in the settlements of the brethren 
in North Carolina. Salem received, in the year 1785, 
two fire engines from Europe, and a fire regulation 
was made in this town. Bishop Johannes von Watte- 
wille, a member of the Unity's elders' conference, was 
deputed by the synod of the Unilas Fratrum^ held in 
the year 1782, in Herrnhut, on a visitation of all the 
brethren's congregations in North America, and ar- 
rived, with his company, in May, 1784, in Bethlehem- 
They had a very tedious and dangerous voyage, and 
suflfered shipwreck, on the the rocks on the coast of 
the small island of Barbuda, near Antigua. The 
reverend Daniel Koehler, appointed minister of the 
congregadon in Salem, in the place of the late bishop 
Graff, was in his company, and arrived, with his wife, 
and some assistants, in the month of October, in 
Salem. 



APPENDIX. XLV 

In the same month of the next year, bishop Jo- 
hannes von Watte ^> ille came, with his lady, (daughter 
of the late count Zinzendorff,) to Salem, and returned 
to Bethlehem in May, 1806. His visitation of this 
and the other brethren's congregations in North Ca- 
rolina, was attended with a particular blessing of the 
Lord. During his stay, the general helper's confer- 
ence for the superintendence of all the brethren's con- 
gregation in North Carolina, was anew regulated and 
the baron Frederick W. von Marshall, John Daniel 
Koehler, Godfrey Prsezel and Christopher Lewis Ben- 
zien became members of it. 

In the year 1787, a society was formed, under the 
name of "A society of the United Brethren, for pro- 
pagating the gospel among the heathen." The mem- 
bers of this society, who reside in Pennsylvania, New- 
York, New-Jersey, Rhode Island and Marylam], had 
their first general meeting on the 1st November, 1787, 
in Bethlehem, end those who reside in North Cai olina, 
on the 19th June, 1788, in Salem. 

In the synod of the Unitas Fratrum^ which was 
held in the year 1789, in Herrnhut, and which the 
reverend John Ettwien and Jacob van Vleck attended 
as deputies from the brethren's congregations in 
Pennsylvania, and the adjacent states, and the reve- 
rend Christopher Lewis Benzien, as deputy from the 
brethren's congregation in North Carolina, the reve- 
rend John Daniel Koehler, minister of the congrega- 
tion in Salem, was elected a bishop of the brethren's 
church, and consecrated to this office on the 9ih of 
May, 1790, in Litiz. 

His excellency, general Washington, president of 
the United States, honored Saleni; in the year 1791 



XLVI APPENDIX. 

on his tour through the southern states, with a visit, 
where he stayed two days, to the great joy and satis- 
faction of all the inhahitants, who paid him their re- 
gard in a respectful address, which he answered in an 
affectionate manner. 

In the year 1792, Salem was afflicted by a malig- 
nant fever, of which fourteen persons died, all under 
thirty years of age, and whereby, for a time, all inter- 
course with the neighborhood was stopped. On the 
9th of November, 1800, the consecration of a new 
church, in Salem, the corner stone of which was laid 
in 1798, was performed, in a very solemn manner. 
Most all of the brethren and sisters from the other 
setUements of the brethren in Wachovia, and a great 
number of neighbors and strangers, attended. All the 
transactions were accompanied with a gracious feeling 
of the divine presence. 

On the 11th February, 1802, Frederick William 
von Marshall, senior chilis^ was called into the eter- 
nal rest and joy, after a very laborious and useful life, 
of eighty-one years, of which he had spent more than 
fifty in the service of the Unitas Fratrum, and more 
than forty years in the service of the brethren's con- 
gregation in North Carolina, with great zeal and faith- 
fulness, and under the blessing of the Lord, who 
crowned his undertakings with good success. By his 
last will, he devised to the reverend Christian Lewis 
Benzien the Wachovia and other tracts of land, which 
he possessed in trust for the Unitas Fratrum. As 
bishop Koehler, who went, with his wife, at the end of 
the year 1800, to Europe, and attended the general 
synod of the Unitas Fratrum^ which was held in the 
year 1801, in Herrnhut, as deputy of the brethren's 



APPENDIX. XLVII 

congregations in North Carolina, received, in the 
synod, another appointment, the reverend Charles 
Gottheld Reichel, from Nazareth, in Pennsylvania 
was called, in his place, to be minister of the congre- 
gation in Salem, and being elected, in said synod, a 
bishop of the brethren's church, he was consecrated 
to this office on the 6th December, 1801, in Bethlehem. 
At the end of May, 1802, became with his family^ 
and some assistants, to Salem. 

In the year 1803, the general direction of the bre- 
thren's congregation in North Carolina was committed 
by the Unity's elders' conference to the brethren 
Charles Gottheld Reichel, Christian Lewis Benzien 
and Simon Peter. 

On the 17th November of said year, fifty years were 
completed since the arrival of the first twelve brethren 
from Bethlehem, who began the settlement of Wach- 
ovia. On this account, the day was celebrated as a 
jubilee by all the brethren's congregations in North 
Carolina, whose members met in Salem, and united in 
solemn praises and thanksgiving to our gracious Lord 
and Saviour, for all the favors and blessings which he 
had bestowed, in such a rich measure, during this 
period of fifty years, and in fervent prayers and sup- 
plications for a new outpouring of the spirit of grace, 
love and truth upon each congregation. 

From the 25th October, 1806, to the 11th February, 
1807, the reverend John Renatus Vcrbeck presb., and 
Charles von Forestier, senior civilis, two members of 
the Unity 'b elders' conference, were on a visitation in 
Salem, and the other brethren's congregations in North 
Carolina. The Lord blessed their labor abundantly^ 
and strengthened thereby the bond of love and union 



LX.VIII 



APPENDIX. 



between the brethren's congregations in America and 
Europe, and other parts of the world, in a particular 
manner. Having visited all the congregations of 
the brethren's church in the United States, and like- 
wise the mission settlements at Goshen and Peitquat- 
tiiig, in the state of Ohio, and at Fairfield, in Upper 
Canada, they returned, in October, 1807, to Europe. 
On their voyag«3 from Philadelphia to Hamburg, they 
were detained in Eiigland, from whence they went, by 
way of Gottenburg and Copenhagen, to Hamburg, 
where they arrived at the end of May, 1808, safe and 
well, in Berthelsdorf, a village near Herrnhut, in 
Upper Lusalia, where at present the elders' conference 
of the Unitas Fratntm doth reside. 

i;he following table shows the number of persons 
under the care of the brethren's church, in each of 
their seulements in North Carolina, children included, 
at tlie end of every decennium, from the 17th Novem- 
ber, 1753, to the 31st December, 1807. 



Settlements. 


be^un. 


1753 176311773 1783 


1793|1803 1807 


Salem, 


1766 






132 


185 241 


290 


316 


Bethabara, 


1753 


12 


77 


54 


73 


94 


81 


92 


Bethany, 


1759 




73 


108 


230 


187 


293 


306 


Friedberg, 








57 


232 280 


331 


346 


Friediand, 








32 


133 


173 


135 


183 


Hope, 






• 


21 


151 170 


175 


199 



Total, I I 12 [150 |404 |1004|1145|1305|1412 

The beginning of the first setdement was made on 
the 17th November, 1753, with twelve persons: 

Increase in the 1st ten years, from 1753 to 1763, 138 persons 

1763 " 1773,254 
1773 " 1783, 600 



a 


2d 


a 


a 


<c 


3d 


i( 


u 


(( 


4th 


(( 


u 


i( 


5th 


iC 


(C 



1783 " 1792, 141 
1793 " 1803, 160 



a 



Increase in fifty years, from 1753 " 1803, 1305 persons 
" four years, from 1803 " 1807, 137 " 



Increase in fifty-four years, from 1753 '* 1807. 1442 persons 



APPENDIX. XLIX 

By the church registers, which are kept regularly 
in each settlement, it appears, that in the period of 
fifty years, from the 17th November, 1753, to the 17th 
November, 1803, 1357 births and baptisms of chil- 
dren, and 665 deaths, vi^ere entered ; so that the num- 
ber of births exceeds that of deaths by 692, which is 
more than one half: besides about 1300 births and 
baptisms of children, whose parents do not belong to 
the brethren's church, are entered during the same 
period in the register. 

Now follows a description of each settlement. 

Salem^ the principal setdement of the United Bre- 
thren in North Carolina, is situated in Stokes county, 
eighteen miles to the south from Germantown, the 
county town, and 110 miles to the south-east from 
Raleigh, in 36 deg, 10 min. north lat. and 3 deg. 15 
min. Ion. west from Washington. The town was laid 
out in 1765, after a regular plan, on a piece of ele- 
vated but broken ground, near the Middlefork or 
Wach, over which a bridge was built in 1771. The 
principal street in it is sixty feet wide, in a direction 
from south to nordi, leading from the south-eastern 
parts of the state to Virginia. This is intersected by 
a street 56 feet in width, from east to west, leading to 
the Shallowford of the river Yadkin, which is at a 
distance of 18 miles. The other streets are 40 
feet wide. Nearly in the centre of the town, is a 
s juare, 300 by 170 feet^ surrounded with large catal- 
ba, sycamore, poplar and other trees. On the west 
side of this square, adjoining the main street, is a neat 
brick market house, which was built in 1803, and 
wherein also the fire engines of the town are kept in 



^ APPENDIX. 

a separate apartment. The town lots arc 96 in num- 
ber, from 66 to 85 in front, and from 170 to 280 in 
depth. Some are larger. The public buildings are: 

1. The churchy an elegant brick building, 92 by 
45 feet^ on the north-east corner of the square. It was 
built in the years 1798 to 1801, and consecrated on 
the 9th November, 1801, for divine service^ which is 
held noi only on Sundays, but every evening of the 
other days, chiefly in the German language. On the 
gallery, to the west side in the church, is a beautiful 
organ of fourteen stops: it is supposed to be at present 
the largest organ in the whole state of North Carolina^ 
In the steeple, on the west end of the church, is the 
town clock, which strikes hours and quarters. 

2. The congregation honse^ to the south of the 
church, wherein the ministers reside. In the upper 
story was the first meeting hall of die congregation at 
Salem, which is now used for children's and other 
private meetings. The house was built in 1771. 

3. The single brethren"^ s house ^ on the west side of 
the square, opposite the congregation house, wherein 
the large boys and unmarried men live and board- 
The northern part of this spacious house, which in 
front is two, and the back three stories high, was built 
in 1768, and the southern part, wherein apartments 
are for dining and sleeping, and for family worship, 
in 1786. 

4 The smgle sisters'* house^ on the east side of 
the square, was built in 1785. The regulations 
are the same as in the single brethren's house. Some 
of the unmarried women and girls, who live and 
board in this house, get their livelihood by needle* 



APPENDIX. ' LI 

work, spinning, <Slc. The greater part of them are, 
in tlie day time, employed in the famihes with washing 
and other work. 

5. The school house for the hoys, on the north- 
west corner of the square, was built in 1791. The 
male children of the inhabitants of the town and of 
other members of the congregation, living in the 
neigborhood, receive from their sixth to their twelfth 
or fourteendi year, instruction in reading and writing 
German and English, cyphering, history, geography 
and some of tiiem in the rudiments of the Latin lan- 
guage, drawing and music. 

6. The school house for the girls, on the east side 
of the square, between the congregation and single 
sisters' houses, a neat and elegant brick building, 62 
feet long and 4*2 feet deep, which was erected in the 
years 1803 and 1804. In the lower story are, be- 
sides a spacious entry, two large and some smaller 
apartments. In one of the first, the school for the 
female children in town is kept; the other is a dining 
room, for the young ladies who board in the house. 
In the upper story are three large apartmcBts; in 
each of which, from fourteen to sixteen joung ladies 
have room to live under the care of two tutoresses; a 
fourth apartment in this story, is to accommodate 
such as may become sick. Over and above these 
rooms, is a large hall, 60 feet long, 30 feet wide, and 
14 feet high, wherein the young ladies sleep with their 
tutoresses. This seminary, which commenced in the 
year 1804, is under the direction of the minister and 
elders of the congregation in Salem, and under the- 
special care and superintendence of an inspector, to 



til APPENDIX. 

whom all parents and guardians, who intend to put 
young ladies into this school for education, have to 
apply. The branches taught are, reading, grammar, 
arithmetic, history, geography, German if desired, 
plain needlework, &c. Music and fine needlework, 
such as tambour and embroidery, including drawing, 
are two extra branches, in which instruction is given, 
if expressly desired. From the beginning of the insti- 
tution, in May, 1804, to the end of the year 1807, 
about one hundred and twenty young ladies from 
North and South Carolina, Virginia, Kentucky^ Ten- 
nessee and Georgia, received their education in it, of 
whom, at the end of 1807, forty-one remained in the 
seminary. 

T The store^ contains a good assortment of 
merchandise. The goods are partly imported from 
Europe, pardy taken from the merchants in Fayette, 
Petersburg, and chiefly in Philadelphia. This house 
was built in 1774, on the south-west corner of the 
square, opposite to the single sisters' house. 

8. The house of entertainment^ or public tavern^ 
at the south-west end of the principal street, was 
built in 1772. In the year 1784, it was destroyed by 
fire, the only accident of this kind in Salem, and re- 
built of brick, as most all the public buildings are. 

Besides these public buildings, the following are to 
be noted, viz: the post-office; the house of the doctor, 
with an apothecary shop, an elegant building on an 
eminence; the pottery; toy shop; the tannery and 
leather dressery: a great quantity of doer skins, cured 
and dressed here, are annually exported by way of 
Philadelphia to Hamburg. The other tradesmen and 



APPENDIX. LIII 

mechanics in the town are: shoemaker, taylor, baker, 
carpenter, cabinetmaker, glover, hatter, saddler, wheel- 
wright, turner, tinner, gunsmith, blacksmith, silver- 
smith, watch and clockmaker, tobacconist, &.c. In 
the neighborhood of the town are several mills, built 
on the Middle or Brushy fork and other small 
branches, as paper, oil, saw, grist and merchant mills, 
and a cotton machine. The whole number of per- 
sons, belonging to the Salem congregation, children 
included, was at the end of the year 1807, 316, where- 
of 233, besides 41 young ladies in the boarding school, 
lived in the town, and 83 in the neighborhood on their 
farms.; the greatest part of them are of German ex- 
traction. The number of dwelling houses in the 
town was about 40; the town lot belonging to Salem, 
contains 3140 acres. The town is provided with 
water from several springs, about a mile distant from 
it, the water of which is conducted through wooden 
pipes into the town, and distributed in such a manner, 
that the greatest part of the inhabitants are supplied 
with it: there are also wells of good vvater in the 
town. 

Bethahara^ the first settlement of the United Bre- 
thren in North Carolina, was begun in 1753. It is 
situated in Stokes county, five miles to the north-west 
from Salem, near the Mill creek. It has a handsome 
church, with a steeple, built of stone in 1788; a store, 
tannery and distillery, and several other houses, inha- 
bited by tradesmen, viz: hatter, shoemaker, potter, 
turner, &c. The street on which the houses are built, 
in a direction from south-east to north-west, is 66 ^eeA 
wide. On the Mill creek is a merchant and saw mill 



LIV APPENDIX. 

The congregation at Bethabara consisted, at the end 
of the year 1807, of ninety-two persons, children in- 
cluded, all Germans; thirty-nine of whom lived in 
the town, and fifty-three on their farms, in the neigh- 
borhood, from a half to four miles distant. The town 
lot, belonging to Bethabara, contains 2118 acres. 

Bethania^ or Bethany^ is situated in Stokes county, 
near Muddy creek, nine miles to the north-west from 
Salem, and three miles from Bethabara. The town 
which was laid out in 1759, of thirty lots, consists of 
a single street, 56 feet wide, in a direction from south 
soutb-west to north nortli-east. The houses are frame 
or log houses, most of them two stories high, and in- 
habited by farmers and tradesmen, viz: blacksmith, 
gunsmith, wheelwright, hatter, tanner, taylor, shoe- 
maker, &.C. As the church, or meeting house, in the 
middle of the town, which was built in 1771, began to 
be too small for the congregation, a new neat brick 
churcii, 62 feet long and 42 feet deep, witli a steeple 
on it, was built in 1807 and 1808. There is also a 
good store, tavern and apothecary shop in the town, 
and near it a saw and grist mill. The congregation 
at Bethania consisted, at the end of the year 1807, of 
306 persons, children included, all Germans; of 
whom 130 lived in the town and 176 on their farms 
in the neighborhood, from a half to ten miles distant. 
The town lot contains 2500 acres. 

Friedberg seitlemeM is situated partly in Rowan 
and partly in Stokes county. The meeting house, 
which was buil in 1768, is in Rowan county, near the 
line of Stokes county, nine miles from Salem to the 
south-west, on a lot of seventy-seven acres, belonging 



APPENDIX. LV 

to it. The number of persons under the care of the 
brethren's church, in this settlement, children included, 
were at the end of the year 1807, 346: they live on 
their farms, from one quarter to ten miles distant from 
the meeting house, where they attend divine service 
on Sundays, which is held in the German language. 

Friedland^ or Broad bay settlement, is situated in 
Stokes county. The meeting house, which was built 
in 1774, on a lot of thirty acres, belonging to it, is five 
miles from Salem, to the east. At the end of 1807, 
the number of persons in this setdement, under the 
care of the brethren's church, was 183, chddren in- 
cluded. The most distant live five to six miles from 
the meeting house, where divine service is held every 
Sunday, in the German language. 

Hope^ or Maryland settlement, is situated in Stokes 
and Rowan counties. The meeting house, wherein 
divine service is held every Sunday, in the English 
language, was built it 1779, and is eight miles from 
Salem, to the west, near Muddy Creek, on a lot of 
thirty acres, belonging to it. The number of persons 
under the care of the brethren's church, were, at the 
end of 1807, 199, children included. The greatest 
part live on Muddy creek and its branches, and some 
on Yadkin river, into which Muddy creek empties it- 
self about eight miles below the meeting house. Near 
the latter is a merchant mill, on said creek, and a toll 
bridge over it, and five miles from this, a bridge over 
Yadkin river. 

About eight miles above the Hope meeting house, 
and ten miles from Salem, on the west side of Muddy 
creek, a meeting house was built in 1782, by a Ger- 



LVI APPENDIX. 

man Lutheran and Reformed congregration, wherein 
since the year 1797 divine service is held, by one of 
the ministers of the brethren's church, every fourth 
Sunday, in the German language. 



The foregoing was received from the late major 
R, Williams^ of Raleigh^ and is believed to have 
been icritten by bishop Reichei,. 



The\t4|^wing piece, wJuich appeajred in iheVirgiuia 
Gazerani^f November7^77l\was written by 
Maurice MT5^s^;B, then one of the asWiate iusiiees 
of the sup^ior coun>©«tr^rth Carolina. 

To his Excellency WILLIAM TRYON, Esquire. 

I am too well acquainted with your character to 
suppose you can bear to be told of your faults Avith 
temper. You are too much of the soldier, and too 
little of the philosopher, for reprehension. With this 
opinion of your excellency, I have more reason to be- 
lieve, that this letter will be more serviceable to the 
provhice of New- Yorkc than useful or entertaining to 
its govern ;:r. The beginning of your administration in 
this province was marked with oppression and dis- 
tress to its inhabitants. These, Sir, I do not place 
to your account: they are derived from higher author- 
ity than yours. You were, however, a dull, yet willing 
instrument, in the hands of the British Ministry, to 
promote the nieans of both. You called together some 
of the principal inhabitants < f your neighborhood, 
and, in a strange inverted self-affecting speech, told 
them that you had left youi* (native country, friends 
and connections, and taken upon yourself the gov- 
ernment of North 'Carolina with no otlier view 
than to serve it. In the next breath, Sir, you ad- 
vised them to submit to the stamp act, and become 
slaves. How could you reconcile such baneful ad- 
vice with such friendly professions? But. Sir. ^elf 
8^ 



'k v> 



I,VIII APPENDIX. 

contradictions with you have not been confined to 
words only; they have been equally extended to ac- 
tions. On other occasions, you have played the gov- 
ernor with an air of greater dignity and importance 
than any of your predecessors; on this, your e^tcel- 
lency was meanly^conrent-^'o solicit the c^Tency of 
stamped paper.ih private companies, ^m^ aVdsl mi- 
nisterial apptobation is the iirst -^wi^d of your heart; 
it is the best security you have for your ol!ice. En- 
gaged as you were in this disgraceful ncgociation, 
the more important duties of the governor v.f re for- 
gotten, or wilfully neglected. In murmuriDg, dis- 
content and public confusion, you left the colony 
committed to your care, for near eighteen months to- 
gether, without casing an assembly. The stamp act 
repealed, you called one; and a fatal one it was! un- 
der every influence your character afforded you, at 
this assembly, was laid the foundation of all the mis- 
chief which has since befalled this unhappy province. 
A grant was made to the crown of live thousand 
pounds, to erect a house for the residence of a gov- 
ernor; and you. Sir, were solely intrusted with the 
management of it. The infant and impoverished 
state of this country could not afford to make such a 
grant, and. it was your duty to have been acquainted 
with the circumstances of the colony you governed. 
This trust proved equally fatal to the interest of the 
province and to your excellency's honour. You 
made use of it. Sir, to gratify your vanity, at the ex- 
pense of both. It at once afforded you an opportu- 
nity of leaving an elegant monument of your taste in 
building behind you, and giving the ministry an in- 
stance of your great influence and address in your 



APPENDIX. LIX 

new government. You, therefore, regardless of ev- 
ery moral^ as well sls legal obligation, changed the 
plan of a province house for that of a palace, worthy 
the residence of a prince of the blood, and augment- 
ed the expense to fifteen thousand pounds. Here, 
Sir, you betrayed your trust, disgracefully, to the 
governour, and dishonorably to the man. This lib- 
eral and ingenious stroke in politics may, for all I 
know, have promoted you to the government of New- 
York. Promotions may have been the reward of 
such sort of merit. Be this as it ma}", you reduced 
the next assembly you met to the unjust alternative 
of granting ten thousand jXHinds more, or sinking the 
five thousand they had already granted. They chose 
the former. It was most pleasing to th? governour, 
but directly contrary to the sense of their constituents. 
This public imposition upon a people, who, from 
poverty, were hardly able to pay the necessary ex- 
penses of government, occasioned general discontent, 
which your excellency, with wonderful address, im^ 
proved into a civil war. 

In a colony without money, and among a people, 
almost desperate with distress, public profusion 
should have been carefully avoided; but, unfortu- 
nately for the country, you were bred a soldier, and 
have a natural, as well as acquired fondness for mi- 
litary parade. You were intrusted to run a Cher- 
okee boundary about ninety miles in length; this lit- 
tle service at once aftijrdcd you an opportunity of 
exercising your milittry talents, and making a splen- 
did exhibition of yourself to tlie Indians. To a gentle- 
man of your excellency's turn of mind, Uiis was no 
unpleasiiig prospect: you marched to perform it, in a 



LX xlPPENDlX. 

lime of profound peace, at the head of a company of 
militia, in all ihe pomp of wa^*, arid returned with the 
honorable title, conf rred on yon l>y the Cherokees« 
of Great Wolf of JV^ovth Carolitia, This line or 
marked trees, and your xcelkncy's prophetic title, 
cost the province a greater sum thr^n two pence a 
head, on all the taxable persons in it for one year^ 
would pay. 

Your next expedition,^ Si^, was a more important 
one. Four or five hundred ignorant people, who 
called themselves regulators, took it into their head 
to quarrel with their representative, a gentleman hon- 
ored with your excellency's esteem, The;y foolish- 
ly charged him with every distress they felt; and, in 
revenge, shot two or three musket balls through liis 
house. They at the same time rescued a horse which 
had been seized for the public tax. These crimes 
were punishable in the courts oflaw, and at that time^ 
the criminals were amenable to legal process. Youi? 
excellency and your confidential friends, it seems^ 
were of a different opinion. All your duty could 
possibly require of you on this occasion, if it required 
any thing at all, was to direct a prosecution against 
the offenders. You should have carefully avoided 
becoming a party in the dispute. But, -^ir, your ge- 
Bins could not lie still; you enlisted yourself a vol= 
unteer in this service, and enter d into a negotiation 
with the regulators, which at once disgraced you and 
encouraged them. They despised the governor 
who had degraded his own character by taking part 
in a private quarrel, and insulted the man whom they 
considered, as personnally their enemy. The terms 
of accommodation your excellency had offered them 



APPENDIX LXI 

were treated with contempt What they were I 
never knew; they could not have related to public 
oftences; these belong to another jurisdiction. All 
hopes of settling the mighty contest by treaty ceasing, 
you prepar'^d to decide it by means more agree ible 
to your martial disposition, an appeal to the sword. 
You took the field in September 1768, at the head of 
ten or twelve hundred men, and published an oral 
manifesto, the substance of which was, that you had 
takeu up arms to protect a superiour court of justice 
from insult. Permit me here to ask you, Sir, why 
you were apprehensive for the court? Was the court 
apprehensive for itself? Did the judges, or the at- 
torney-general, address your excellency for protect 
tion? So far from it, Sir, if these gentlemen are to 
he believed, they never entertained the least suspi- 
cion of any insult, unless it was that, which they af- 
terwards experienced from the undue influence you 
offered to extend to them, and the military display 
of drums, colours and guards, with which they were 
surrounded and disturbed. How fully has your con- 
duct, on a like occasion since, testified, that you acted 
in this instance from passion, and not from principle! 
In September 1770, the regulators forcibly obstruct- 
ed the proceedings of Hillsborough superior court, 
obliaied the officers to leave it, and blotted out the re- 
cords. A little before the next term, when their con- 
tempt of courts was sufficiently proved, you wrote 
an insolent letter to the judges, and attorney general, 
commanding them to attend it. Why did you not 
protect the court at this time ? You will blush at the 
answer, Sir. The conduct of the regulators, at the 
preceding term, made it more than probable that those 



LXIi APPENDIX. 

gentlemen >vould be insulted at this, and you were 
not unwilling to sacrifice tliem to increase the guilt 
of your enemies. 

Your excellency said, that you had armed, to pro- 
tect a court Bad you said to revenge the iisult 
you and your friends had received, it would have 
been more generally credited in this country. The 
men, for the trial of whom the court was thus extra- 
vagantly protected, of their own accord, squeezed 
through a crowd of soldiers, and surrendered them- 
selves, as if they were bound to do so by their recog- 
nizance. 

Some of these people were convicted, fined and 
imprisoned; which put a end to a piece of knight 
errantry, equally aggravating to the populace and 
burthensome to the country. On this occasion, Sir, 
you were alike successful in the diffusion of a mili- 
tary spirit throtigh the colony in the warlike ex- 
hibition you set before the public; you at once dis- 
posed the vulgar to hostilities, and proved the lega- 
lity of arming, in cases of dispute, by example. Thus 
warranted by precedent and tempered by sympathy, 
popular discontent soon became resentment and op- 
position; revenge superceded justice^ and force the 
lavv s of the country; courts of law were treated witii 
contempt, and government itself set at defiance. For 
upwards of two months was the frontier part of the 
country left in a state of perfect anarchy. Your ex- 
cellency then though fit to consult the representatives 
of the people, who presented you a bill which you 
passed into a law. The design of this act was to 
punish past riots in a new jurisdiction, to create new 
offences and to secure the collection of tlie public 



-/ 



APPENDIX. LXIII 

tax; which, ever since the province had been saddled 
with a palace, the regulators had refused to pay. 
The jurisdiction for holding pleas of all capital of- 
fences was, by a former law, confined to the particu- 
lar district in which they were cominitted. This 
act did not cha?*ge that j.irisdiction; yet your excel- 
lency, in the fulness of your power, established a new 
one for the trial of such crimes in a different district. 
Whether you did this through ignorance or design 
can only be determined in your own breast; it was 
equally violative of a sacred right, every British sub- 
ject is entitled to, of being tried by his neighbours, 
and a positive law of the province you yourself iiad 
ratified. In this foreign jurisdiction, bills of indict- 
ment were preferred, and found, as well for felonies 
as riots against a number of regulators; they refused 
to suirender themselves within the time limited by 
the riot act, and your excellency opened your third 
campaign. These indictments charged the crimes to 
have been committed in Orange county in a distinct 
district from that in which the court was held. The 
superior court law prohibits prosecution for capital 
offences in any other district, than that in which they 
were committed. What distinctions the gentlemen 
of the long robe might make on such an occasion I 
do not know, but it appears to me those indictments 
might as well have been found in your excellency's 
kitchen; and give me leave to tell you. Sir, that a 
man is not bound to answer 'o a charge that a court 
has no authority to make, nor doth the law punish 
a neglect to perform that, which it does not command. 
The riot act declared those only outlawed who re- 
fused to answer to indictments legally found. Those 



LXIV APPENDIX. 

who had been capitally charged were illegally indict- 
ed, and could not be outlaws; yet^ your excellency 
proceeded against them as such. I mean to expose 
your blunders, not to defend their conduct; that was 
as insolent and daring as the desperate state your ad- 
ministration had reduced them to could possibly oc- 
casion. 1 am willing to give you full credit for ev- 
ery service you have rendered this country. Your 
active and gallant behaviour, in extinguishing the 
flame you yourself had kindled, does you great hon- 
our. For once your military talents were useful to 
the province: you bravely met in the field, and van- 
quished, an hosi of scoundrels whom yon had made 
intrepid by abuse. It seems difficult to determine, 
Sir, whether your excellency is more to be admired 
for your skill in creating the cause, or your bravery 
in suppressing the effect. This single action would 
have blotted out, for ever, half the evils of your ad- 
ministration; but alas, Sir! the conduct of the gener- 
al after his victory, was more disgraceful to the hero 
who obtained it, than that, of the man l)efore it had 
been to the governor. AVhy did you stain so great 
an action with the blood of a prisoner tvho was in a 
stale of insanity? The execution of James Few was 
inhuman; that miserable wretch was entitled to life 
till nature, or the laws of his country, deprived him 
of it. The battle of the Alamance was over; the 
soldier was crowned with success, and the peace of 
the province restored. There was no necessity for 
the infamous example of an arbitrary execution, with- 
out judge or jury. I can freely forgive you, Sir, 
for killing Robert Thompson, at the beginning of the 
battle; he was your prisoner, and was making his 



APPENDIX. LXV 

escape to light against you. The laws of self pre- 
servadoQ sanctified the action, and justly entitle your 
excellency to an act of indemnity. 

The sacrifice of Few, under its criminal circum- 
stances, could neither atone for his crime nor abate 
your rage; this task was reserved for his unhappy 
parents. Your vengeance, sir, in this instance, it 
seems moved in a retrograde direction to that pro- 
posed in the second commandment against idolaters; 
you visited the sins of the child upon the father, and, 
for want of the third and fourth generation to extend 
it to, collaterally divided it between brothers and 
sisters. The heavy affliction with which the untime- 
ly death of a son had burthened his parents was suf- 
ficient to have cooled the resentment of any man? 
whose heart was susceptible of the feelings of hu- 
manity; yours, I am afraid, is not a heart of that 
kind? If it is, why did you add to the distresses of 
that family? Why refuse the petition of the town of 
Hillsborough in favour of them, and unresentingly 
destroy, as far as you could, the means of their future 
existence? It was cruel, sir, and unworthy a soldier. 
Your conduct to others after your success, whether 
it respected person or property, was as lawless as it 
was unnecessarily expensive to the colony. When 
your excellency liad exemplified the power of gov- 
ernment in the death of a hundred regulators, the 
survivors, to a man, became proselytes to govern- 
ment; they readily swallowed your new coined oath, 
to be obedient to the law s of the province, and to pay 
the public taxes. It is a pity, sir, that in devising 
this oath you had not attended to the morals of those 
people. You might easily have restrained every cri- 
V 9* 



tXVt APPENDIX. 

liiinal inclination, and have made theoi good men, as. 
well as good subjects. The battle of the Alamance 
had equally disposed them to moral and to political- 
con, ersion; there was no necessity, sir, when the- 
peopl'^ were reduced to obedience, to ravage the coun- • 
try, or to insult individuals. 

Had your excellency nothing else in view than ta 
enforce a submission to the laws of the country, you 
might safely have disbanded the army within ten 
days ifter your victory; in that time the chiefs of the 
regulators were run awpy, and thrir deluded follow- 
ers had returned to their homes. Such a measure 
would have saved the province twenty thousand 
pounds at least. But, sir= you had farther employ- 
ment for the army; you were, by an extr ordinary 
bustle in administering oaths, and disarming the coun- 
try, to give a serious appearance of re bell ion to the 
outrage of a mob; you were to aggravate the imp? rt- 
ance of your own services by changing a general dis- 
like of your administration into disaffection to his ma- 
jesty's person and government, and the riotous con- 
duct that dislike had occasioned into premeditated re- 
bellion. This scheme, sir, is really an ingenious one; 
if it succeeds, you may possibly be rewarded for your 
services with the honour of knighthood. 

From the 16th of May to the 16th of June, you were 
busied in securing the allegiance of rioters, and levy- 
ing contributions of beef and flour. You occasion- 
ally amused yourself with burning a few houses, tread- 
ing down com,, insulting the suspected, and holding 
courts martial. These courts took cognizance of ci- 
vil as well as military offences, and even extended 
*heir jurisdiction to ill breeding and want of good 



APPENDIX. LXVl^^ 

manners. One Johnston, who was a reputed regu- 
lator, but whose greatest crime, J beHeve, was writ- 
ing an impudent letter to your lady, was sentenced, 
in one of these inilitary courts, to receive five hundred 
lashes, and received two hundred and fifty of them 
accordingly. But, sir, however exceptionable your 
Conduct may have been on this occasion, it bears lit- 
tle proportion to that which you adopted on the trial 
of the prisoners you had taken. These miserable 
wretches were to be tried for a crime made capital 
by a temporary act of assembly, of twelve months 
duration. That act had, in great tenderness to his 
majesty's subjects, converted riots into treasons. A 
rigorous and punctual execution of it was as unjust, 
as it was politically unnecessary. The terror of the 
examples now proposed to be made under it was to 
expire, with the law, in less than nine months after 
The sufferings of these people could therefore amount 
to litde more than mere punishment to themselves. 
Their offences were derived from public and from 
private impositions; and they were the followers, no/t. 
the leaders, in the crimes they had committed. Nev- 
er were criminals more justly entided to every lenity 
the law could afford them ; but, sir, no consideration 
could abate your zeal in a cause you had transferred 
from yourself 10 your sovereign. You shamefully ex- 
erted every influence of your character against the 
lives of these people. As soon as you were told that 
an indulgence of one day had been granted by the 
court to two men to send for witnesses, who actually 
established their innocence, and saved their lives, you 
sent an aid-de-camp to the judges, and attorney gen- 
eral to acquaint them that you were dissatisfied witJi 



LXVIU APPENDIX. 

the inactivilv of their conduct, and threatened to re- 
present them unfavourably in England, if they did not 
proceed with more spirit and despatch. Had the 
court submitted to influence, all testimony, on the part 
of the prisoners, would have been excluded; they 
must have been condemned, to a man. You said that 
your solicitude for the condemnation of these people 
arose from your desire of manifesting the lenity of 
government, in their pardon. How have your actions 
contradicted your words! Out of twelve that were 
condemned, the lives of six only were spared. Do 
you know, sir, that your lenity on this occasion was 
less than that of the bloody Jeffries in 1685? He con- 
demned five hundred persons, but saved the lives of 
two hundred and seventy. 

In the execution of the six devoted offenders, your 
excellency was as short of general Kirk in form, as 
you were of judge Jeffries in lenity. That general 
honoiared the execution he had the charge of with 
play of pipes, sound of trumpets, and beat of drums; 
you were content with the silent display of colours 
only. The disgraceful part you acted in this cere- 
mony, of pointing out the spot for erecting the gal- 
lows, and clearing the field around for drawing up 
the army in form, has left a ridiculous idea of your 
character behind you, which bears a strong resemb- 
lance to that of a busy undertaker at a funeral. This 
scene closed your excellency's administration in this 
country, to the great joy of every man in it, a few of 
y^iur own contemptible tools only excepted. 

Where I personally your excellency's enemy, I 
would follow you into the shade of life, and show 



APPENDIX, LXIK 

you equally the object of pity and contempt to the 
wise and serious, and of jest and ridicule to the lu- 
dicrous and sarcastic. Truly pitiable, sir, is the 
pale and trembling impatience of your temper. No 
character, however distinguished for wisdom and 
virtue, can sanctify the least degree of contradiction 
to your political opinions. On such occasions, sir, 
in a rage, you renounce the character of a gentle- 
man, and precipitately, mark the most exalted merit 
with every disgrace the haughty insolence of a gov- 
ertior can inflict upon it. To this unhappy temper, 
sir, may be ascribed most of the absurdities of your 
administration in this country. It deprived you of 
every assistance men of spirit and abilities could have 
given you, and left you, with all your passions and 
inexperience about you, to blunder through the duties 
of your office, supported and approved by the most 
profound ignorance and abject servility. 

Your pride has as often exposed you to ridicule, 
as the rude petulance of your disposition has to con- 
tempt. Your solicitude about the title of her excel- 
lency for Mrs. Tryon, and the arrogant reception you 
gave to a respectable company at an enttjrtainment 
of your own making, seated with your lacy by your 
side on elbow chairs, in the middle of the ball room, 
bespeak a littleness of miixl, which, believe me, sir, 
when blended with the dignity and importance of 
your office, renders you truly ridiculous. 

High stations have often proved fatal to those vv^ho 
have been promoted to them ; yours, sir, has proved 
so to you. Had you been contented to pass through 
life in a subordinate military character; with the pri- 



LXX APPENDIX. 

vate virtues you have, you might have lived ser- 
viceable to your country, and reputable to yourself; 
but sir, when, with every disquahfying circum- 
stance, you took upon you the government of a 
province, though you gratified your ambition, yon 
made a sacrifice of yourself. 

Your's &c. ATTICUS. 



The Fuiulamental Constitutions of Carolina: as com- 
piled by John Locke. 

Our sovereign lord the king, having, out of his 
royal grace and bounty, granted unto us the province 
of Carolina, with all the royalties, properties, juris- 
dictions and privileges of a county palatine, as large 
and ample as the county palatine of Durham, with 
other great privileges; for the better settlement of the 
government of said place, and establishing the inter- 
est of the lords proprietors with equality, and with- 
out confusion; and that the government of this pro- 
vince may be made most agreeable to the monarchy 
under which we live, and of which this province is a 
part; and that we may avoid erecting a numerous de- 
mocracy: we the lords and proprietors of the pro- 
vince aforesaid, have agreed to this following form 
of government, to be perpetually established amongst 
us, unto which we do oblige ourselves, our, heirs 
and successors, in the most binding ways that can be 
devised. 

1. The eldest of the lotds proprietors sliall be pal- 
atine; and, upon the decease of the palatine, the 
eldest of the seven surviving proprietors shall always 
succeed him. 

2. There shall be seven oilier chief officers erect- 
ed, viz. the admirals, chamberlains, chancellors, con- 
stables, chief justices, high stewards and treasurev^i; 

which places shall be enjoyed by none but the lord^ 
10* 



LXXIV APPENDIX. 

proprietors, to be assigned at first by lot; and, upou 
the vacancy of any one of the seven great offices by 
death, or otherwise, the eldest proprietor shall have 
his choice of the said place. 

3. The whole province shall be divided into coun- 
ties: each county shall consist of eight signiories; 
eight baronies, and four precincts; each precinct shall 
consist of six colonies. 

4. Each signiory, barony and colony, shall consist 
of twelve thousand acres; the eight signiories being 
the share of tiie eight proprietors, and the eighi ba- 
ronies of nobility; both which shares, being each of 
them one fifth part of the whfde, are to be perpetu- 
ally annexed, the one to the proprietors, the other to 
the hereditary nobility, leaving the colonies, being 
three fifths, amongst the people; so that in setting out 
and planting the lands, the balance of the government 
may be preserved. 

5. At any time before the year one thousand seven 
hundred and one, any of the lords proprietors shall 
have power to r linqdsh, alienate and dispose, to 
any other person, his proprietorship, and all the sig- 
niories, powers and interest, thereunto belonging, 
wholly and entirely together, and not otherwise. 
But, after the year one thousand seven hundred, those 
who are then lords proprietors shall not have power 
to alienateor makeover their proprietorship, with the 
signiories and privileges thereunto belonging, or any 
part thereof, to any person whatsoever, otherwise 
than as in §. xviii; but it shall all descend unto their 
heirs male, and, for want of heirs male, it shall all 



APPENDIX. LXXV 

descend on that landgrave or cassique of Carolina, 
who is descended of tiie next heirs female of the pro- 
prietor; and, for want of such heirs, it shall descend 
on the next heir general; and, for want of such heirs, 
the remaining seven proprietors shall, upon the va- 
cancy, choose a landgrave to succeed the deceased 
proprietor, who being chosen hy the majority of the 
seven surviving proprietors, he and his heirs success- 
ively, shall be proprietors, as fully to all intents and 
purposes as any of the rest. 

6. That tlie number of eight proprietors may be 
constantly kept; if, upon the vacancy of any proprie- 
torship, the seven surviving proprietors shall not 
choose a landgrave to be a proprietor, before the se- 
cond biennial parliament after the vacancy; then 
the next biennial parliament but one, after such va- 
cancy, shall have power to choose any landgrave to 
be a proprietor. 

7. Wfiosoever, after the year one thousand seven 
hundred, eitiier by inheritance or choice, shall suc- 
ceed any proprietor in his proprietorship, and signo- 
ries thereunto belonging; shall be obliged to take the 
name and arms of that proprietor whom he succeeds; 
which from thenceforth shall be the name and arms 
of his family and their posterity. 

8. Whatsoever landgrave or cassique shall any 
way come to be a proprietor, shall take the signiories 
annexed to the said proprietorship; but his former 
dignity, with the baronnies annexed, shall devolve 
into the hands of the lords proprietors. 



LXXVl APPENDIX. 

9. There shaUbejast as rnanylnndgraves as there, 
are counties, and twice as many cassiques, and no 
more. These shall be the hereditary nobility of 
the province, and by right of their dignity be mem- 
bers of parliament. Each landgrave shall have four 
baronies, and each cassique two baronies hereditari- 
ly and unalterably annexed to, and settled upon, th(i 
said dignity. 

10. The iirst landgraves and cassiques of the 
twelve first counties to be planted, shall be nominat- 
ed thus: that is to say, of the twelve landgraves, the 
lords proprietors shall each of them, separately for 
himself, nominate and choose one; and the remain- 
ing four landgraves, of the first twelve, shall be nom- 
inated and chosen by the palatine's court. In like 
manner of the twenty -four cassiques, each proprietor 
for himself shall nominate and choose two, and the 
remaining eight shall be nominated and chosen by 
the palatine's court: and when the twelve first coun- 
ties shall be planted, the lords proprietors shall again 
in the same manner, nominate and choose twelve 
more landgraves and twenty-four cassiques, for the 
twelve next counties to be planted; that is to say, 
two thirds of each number by the single nomination 
of each proprietor for himself, and the remaining one 
third by the joint election of the palatine's court, and 
so proceed in the same manner till the Avhole province 
of Carolina be set out and planted, according to the 
proportions in these Fundamental Constitutions. 

11. Any landgrave or cassique at any time before 
the year one thousand seven hundred and one, shall 



APPENDIX. LXXVII 

have power to alienate, sell, or niake over, to any 
otlier person, liis dignity, with the baronies therenulo 
belonging, all entirely together. But, after the year 
one thousand seven hundred, no landsirave er cas- 
s?que shall have power to alienate, sell, make over, 
or let, the hereditary baronies of his dignity, or any 
part thereof, otherwise than as in §. xviii; but they 
shall all entirely, with the dignity thereunto belong- 
ing, descend unto his heirs male; a;?d; for want of 
lieirs maV, all entirely and undivided, to the next 
heir general; and for want of such heirs, shall de- 
volve into the hands of the lords proprietors. 

11. That the due number of landgraves and cas- 
siques may be always kept up; if, upon the devolu- 
Intion of any landgraveshlp or cassiqueship, the pala- 
tine's court sha^l not settle the devolved dignity, witli 
the baronies thereunto annexed, before the second 
biennial parliament after such devolution; the next 
biennial parliament but one after such devolution, 
shall have power to make any one landgrave or cas- 
sique in the room of him, who, dying without heirs, 
his dignity and baronies devolved. 

13. No one person shall have more than one digni- 
fy, with the signiories and baronies thereunto belong- 
ing. But whensoever it shall happen that any one, 
who is already proprietor, landgrave, or cassique, 
shall have any of these dignities descend to him by 
inheritance, it shall beat his choice to keep which of 
the dignities, with the land annexed, he shall like 
best; but shall leave the other, with the lands annex- 
ed, to be enjoyed by him, who, not being his heir ap- 



LXXVIII APPENDIX. 

parent and certain successor to bis present dignity, is 
next of blood. 

14. Whosoever, by the right of inheritance, shall 
come to be landgrave or cassique, shall take the name 
and arms of his predecessor in that dignity, to b& 
from thenceforth the name and arms of his family and 
theii' posterity. 

15. Since the dignity of proprietor, landgrave, or 
cassique, cannot be divided, and the signiories or ba- 
ronies thereunto annexed, must forever all entirely 
descend with, and accompany that dignity; whenso- 
ever, for want of heirs male, it shall descend on the 
issue female, the eldest daughter, and her heirs shall 
be preferred, and the inheritance of tho?e dignities, 
and the signiories or baronies annexed, there shall be 
no co-heirs. 

16. In every signiory, barony and manor, the res- 
pective lord shall have power, in his own name, to 
hold court-leet there, for trying of all causes both 
civil and criminal: but where it shall concern any 
person being no inhabitant, vassal, or leet-man of the 
said signiory, barony, or manor, he, upon paying 
down the sum of 40 shillings to the lords proprietor's 
use, shall have an appeal from the signiory or barony 
court to the county court, and from the manor court to 
the precinct court. 

17. Every manor shall consist of not less than 
three thousand acres, and not above twelve thousand 
acres, iu one entire piece and colony; but any three 
thousand acres or more in one piece, and the pos- 



APPENDIX. LXXIX 

session of one man, shall not be a manor, unless it 
be constituted a manor by the grant of the palatine's 
court, 

18. The lords of signiories and baronies shall have 
power only of granting estates not exceeding three 

lives, thirty-one years, in two thirds of said signiories 
or baronies^ and the remaining third shall be always 
demesne. 

19. Any lord of a me nor may alienate, sell or dis- 
pose, to any other person and his heirs forever, his 
manor, all entirely together, with all the privileges 
and leet-men thereunto belonging, so far forth as any 
colony lands; but no grant of any part thereof, either 
in fee, for any longer term than three lives, or one 
and twenty years, shall stand good against the next 
heir. 

20. No manor^ for want of issue male, shall be di- 
vided amongst co-heirs; but the minor, if there be 
but one, shall all entirely descend to (he eldest daugh- 
ter and her heirs. If there be more minors than one, 
the eldest daughter first shall have her choice, the 
second next, and so on, beginning again at the eldest, 
till all the manors be taken up; that so the privileges 
which belong to manors being indivisible, the lands 
of the manors, t<» which they are annexed, may be 
kept entire, and the manor not lose those privileges, 
which, upon parcelling out to several owners, must 
necessarily cease. 

21. Every lord of manor, within his manor, shall 
have all the rights^ powers^ jurisdictions and privi- 



XC APPENDIX. 

leges, which every laiulgrave or cassique hath in his 
barouies. 

22. In every siguiory, barony and manor, all the 
leet-men shall be under the jurisdiction of the respec- 
tive lords of the said signiory, barony, or manor, 
wiiliout appeal from him. JSor shall any leet-mau 
or leet- woman, have liberty to go off from the land 
of their particular l<>rd, and live any where else, with- 
out license obtained from their said lord, under hand 
and seal. 

23. All the children of leet-men shall be leet-men, 
and so to all generations. 

24. No man shall be capable of having a court-leet 
or leet-men, but a proprietor, landgrave cassique, or 
lord of a manoi^. 

25. W hoever shall volunfcai ily enter himself a leet- 
man, in the registry of a county court, shall be a leet- 
man. 

26. Whoever is lord of leet-men^ shall, upon the 
marriage of a leet-man or leet- woman, of his, give 
them ten acres of land for (heir lives; they paying 
to him, therefor, not more than one eighth part of 
all the yearly produce and growth of the said tQii 
acres, 

27. No landgrave or cassique shall be tried for any 
criminal cause, in any but the chief justice's court, 
and that by a jury of his peers. 

28. There shall be eight supreme courts. The 
first called the palatine's court, consisting of the pal- 



APPENDIX. XCI 

atiiie and the other seven ])roprietors. The other se- 
ven courts of the otiier seven great officers^ shall con- 
sist each of them of a proprietor^ and six counsellors 
added to him. Under each of these latter seven 
courts, shall be a college of twelve assistants. The 
twelve assistants of the several colleges shall be cho- 
sen, two out of the landgraves, cassiques, or eldest 
sons of proprietors, by the palatine's court; two out 
of the landgraves, by the landgraves' chamber; two 
out of the cassiques, by the cassiques' chamber; four 
more of the twelve shall be chosen by the commons' 
chamber, out of such as have been, or are, members 
of parliament, sheriffs, or justices of the county court, 
or the younger sons of proprietors, or eldest sons 
of landgraves or cassiques; the two others shall be 
chosen by the palatine's court, out of the same sort 
of persons, out of which the commons' chamber is to 
("hoose. 

29. Out of these colleges shall be chosen at first, 
by- the palatine's court, six counsellors, to be joined 
with each proprietor in his court; of which six, one 
shall be of those who were chosen in any of the colle- 
ges by the palatine's court, out of the landgraves, cas- 
siques, or eldest sons of proprietors; one out of those 
who were chosen by the landgraves' chamber; and 
i)ne out of those who were chosen by the cassiques' 
chamber; two out of those who were chosen by the 
commons' chamber; and one out of those who were 
chosen by the palatine's court, out of the proprietors 
younger sons, or eldest sons of landgraves, cassiques 
or commons, qualified as aforesaid. 



11 



# 



XCII APPENDIX, 

30. When it shall happen that any counsellor (lies> 
and thereby there is a vacancy, the grand council shall 
have power to remove any counsellor that is willing 
to be removed out of any of the proprietors courts, to 
fill up the vacancy; provided they take a man ol the 
same degree and choice the other was of, whose va- 
cant place is to be filled up. But if no counsellor 
consent to be removed, or upon such remove, the last 
remaining vacant place, iu any of the proprietor's 
courts, shall be filled up by the choice of the grand 
council, who shall have power to remove out of any 
of the colleges, any assistant, who is of the same de- 
gree and choice that that counsellor was of, into 
whose vacant place he is to succeed. The grand 
council also shall have power to remove any assistant, 
that is willing, out of one college into another, provi- 
ded he be of the same degree andchoice. But the last 
remaij'ing vacant place in any college, shall be filled 
up by the same choice, and out of the same degree 
of nersons the assistant was of, who is dead or remo- 
ved. No place shall be vacant in any proprietor's 
court above six months. No place shall be vacant 
in any college longer than the next session of parlia- 
ment. 

31. No man, bejng a member of the grand council, 
or of any of the seven colleges, shall be turned out 

^for misdemeanor, of which the grand council shall 
be judge; and the vacancy of the person so put out, 
shall be filled, not by the election of the grand coun- 
cil, but by those who first chose him, aud out of the 
same degn^e he was of who is expelled. But it is not 
hereby to be understood, that the grand council hath 



APPENDIX. XCIII 

any power to turn out any one of the lords proprie- 
tors or their deputies, the hrrds proprietors having in 
themselves an inherent original right. 

32. All elections in the parliament, In the sever- 
al chambers of the parliament, and in the grand 
council, shall be passed by balloting. 

33. The palatine's court shall consist of the pal- 
atine and seven proprietors, wherein nothing shall 
be acted without the presence and consent of the 
palatine or his deputy, and three others of the pro- 
prietors or their deputies. This court shall have 
power to call parliaments, to pardon all offences, 
to make elections of all officers in the proprietor's 
dispose, and to nominate and appoint port towns; 
and also shall have power by their order to the trea- 
surer to dispose of all public treasure, excepting 
money granted by the parliament, and by them 
directed to some particular public use; and also 
s^hall have a negative upon all acts, orders, votes 
and judgments, of the grand council and the par- 
liament, except only as in 5- vi. and xn; and shall 
have all the powers granted to the lords proprie- 
tors, by their patent from our sovereign lord the 
king, except in such things as are limited by these 
fundamental constitutions. 

34. The palatine himself, when he in person shall 
be either in the army or in any of the Y>roprietors 
courts, shall then have the power of general, or of 
that proprietor, in whose court he is then pre 
^ent; and the proprietor, in whose court the pal- 



XCIV APPENDIX. 

atine then presides, shall during his presence there 
be but as one of the council. 

35. The chancellor's court, consisting of one of 
the proprietors, and his six counsellors, who shall 
be called vice-chancellors, shall have the custody 
of the seal of the palatinate, under which ail char- 
ters of lands, or otherwise, commissions and grants 
of the palatine's court, shall pass. And it shall not 
be lawful to put the seal of the palatinate to any wTit- 
ing, which is not signed by the palatine or his de- 
puty, and three other proprietors or their deputies. 
To this court also belong all state matters, dis- 
patches, and treaties with the neighbour Indians. 
To this court also belong all invasions of the law, 
of liberty of conscience, and all disturbances of the 
public peace, upon pretence of religion, as also the 
licence of printing. The twelve assistants belong- 
ing to this court shall be called recorders. 

36. Whatever passes under the seal of the pala- 
tinate, shall be registered in that proprietor's court, 
to which the matter tberein contained belongs. 

37. The chancellor or his deputy shall be always 
speaker in parliament, and president of the grand 
council, and, in his and his deputy's absence, one of 
his vice-chancellors. 

38. The chief justice's court, consisting of one of 
the proprietors and his six counsellors, who shall 
be called justices of the bench, shall judge all ap- 
peals in cases both civil and criminal, except all 



APPENDIX. XCV 

such cases as shall be under the jurisdiction and 
cognizance of any other of the proprietor's courts, 
which shall be tried in those courts respectively. 
The government and regulation of the registries of 
writings and contracts, shall belong to the jurisdic- 
tion of this court. The twelve assistants of this 
court shall be called masters. 

39. The constable's court, consisting of one of 
the proprietors and his six counsellors, who shall 
be called marshals, shall order and determine of all 
military affairs by land, and all land-forces, arms, 
ammunition, artillery, garrisons, forts, &c. and what- 
ever belongs unto war. His twelve assistants shall 
be called lieutenant-generals. 

40. In lime of actual war, the constable, whilst 
he is in the army, shall be general of the army, and 
the six counsellors, or such of them as the palatine's 
court shall for that time or service appoint, shall be 
the immediate great officers under him, and the 
lieutenant-generals next to them. 

41. The admiral's court, consisting of one of the 
proprietors, and his six counsellors, called consuls, 
shall have the care and inspection over all ports, 
moles, and navigable rivers, so far as the tide liows, 
and also all the public shipping of Carolina, and 
stores thereunto belonging, and all maritime affairs. 
This court also shall have the power of the court of 
admiralty; and shall have power to constitute judges 
in port-towns, to try cases belonging to law-mer- 
chant, as shall be most convenient for trade, The 



XCVI APPENDIX. 

twelv^e assistants, belonging to this court, shall be 
called proconsuls. 

42. In time of actual war, the admiral, whilst he 
is at sea, shall command in chief, and his six coun- 
sellors, or such of them as the palatine's court sliall 
for that time and service appoint, shall be the im- 
mediate great officers under him, and the procon- 
suls next to them. 

43. The treasurer's court, consisting of a propri- 
etor and his six counsellors, called under-treasurers, 
shall take care of all matters that concern the pub- 
lic revenue and treasury. The twelve assistants 
shall be called auditors. 

44. The high-steward's court, consisting of a pro- 
prietor and his six counsellors, called comptrollers, 
shall have the care of all foreign and domestic trade, 
manufactures, public buildings,^work-houses, high- 
ways, passages by water above the flood of the tide, 
drains, sewers, and banks against inundations, 
bridges, post, carriers, fairs, markets, corruption or 
infection of the common air or water, and all things 
in order to the public commerce and health; also 
setting out and surveying of lands; and also setting 
out and appointing places for towns to be built on in 
the precincts, and the prescribing and determining 
the figure and bigness of the said towns, according 
to such models as the said court shall order; con- 
trary or differing from which models it shall not be 
lawfiil for any one to build in any town. This court 
shall have power also to make any public building. 



APPENDIX. XCVH 

or any new high-way, or enlarge any old high- way, 
upon any man's land whatsoever; as also to make 
cuts, channels, banks, locks and bridges, for making 
rivers navigable, or for draining feus, or any other 
public use. The damage the owner of such lands 
(ori or through which any such public things shall 
be made) shall receive thereby, shall be valued, 
and satisfaction made by such ways as the grand 
council shall appoint. The twelve assistants, be- 
longing to this court, shall be called surveyors. 

45. The chamberlain's court, consisting of a pro- 
prietor and his six counsellors, called vice-cham- 
berlains, shall have the care of all ceremonies, pre- ^ 
cedency, heraldry, reception of public messengers, 
pedigrees, the registry of all births, burials, mar- 
riages, legitimation, and all cases concerning ma- 
trimony, or arising from it; and shall also have 
power to regulate all fashions, habits, badges, games 
and sports. To this court also it shall belong to 
convocate the grand coundil. The twelve assist- 
ants, belonging to this court, shall be called pro- 
vosts. 

46. All causes belonging to, or under the juris- 
diction of any of the proprietors courts, shall in 
them respectively be tried, and ultimately deter- 
mined, without any farther appeal. 

47. The proprietors courts shall have a power to 
mitigate all fines, and suspend all executions in cri- 
minal causes, either before or after sentence, in any 
of the other inferior courts repectively. 



XCVIII APPENDIX. 

48. In all debates, hearings, or trials, in any of 
the proprietor's courts, the twelve assistants be- 
longing to the said courts respectively, shall have 
liberty to be present, but shall not interpose, unless 
their opinions be required, nor have any vote at all; 
but their business shall be, by the direction of the 
respective courts, to prepare such business as shall 
be committed to them; as also to bear such offices, 
and dispatch such affairs, either where the court is 
kept or elsewhere, as the court shall think fit. 

49. In all the proprietor's courts, the proprietor, 
and any three of his counsellors, shalh make a quo- 
rum; provided always, that, for the better dispatch 
of business, it shall be in the power of the palatine's 
court, to direct what sort of causes shall be heard 
and determined by a quorum of any three. 

50. The grand council shall consist of the pal- 
atine and seven proprietors, and the forty-two coun- 
sellors of the several proprietors courts, who shall 
have power to determine any controversies that 
may arise between any of the proprietor's courts, 
about their respective jurisdictions, or between the 
members of the same court, about their manner and 
methods of proceedings; to make peace and war, 
leagues, treaties, &c. with any of the neighbour In- 
dians; to issue out their general orders to the con- 
stable's and admiral's courts, for the raising, dis- 
posing, or disbanding the forces, by land or by sea. 

51. The grand council shall prepare all matters 
to be proposed in parliament, Nor shall any mat- 



APPENDIX. XCrX 

ler whatsoever be proposed in parliament, but what 
hath first passed the grand Ci>uncil; which, after 
having been read three several days in the parlia- 
ment, shall by majority of votes be passed or re- 
jected. 

52. The grand council shall always be judges of 
all causes and appeals that concern the palatine, or 
any of the lords proprietors, or any counsellor of 
any proprietor's court, in any cause, which other- 
wise should have been tried in the court in which 
the said counsellor is judge himself. 

53. The grand council, by their warrants to the 
treasurer's court, shall dispose of all the money giv- 
en by the parliament, and by them directed to any 
particular public use. 

54. The quorum of the grand council shall be 
thirteen, whereof a proprietor or his deputy shall be 
always one. 

55. The grand council shall meet the first Tues- 
day in every month, and as much oftener as either they 
shall think fit, or they shall be convocated by the cham- 
berlain's court. 

56. The palatine, or any of the lords proprietors, 
shall have power under hand and seal, to be regis- 
tered in the grand council, to make a deputy, who 
shall have the same power to all intents and purposes 
as he himself who deputes him; except in confirming 
acts of parliament, as in §. lxxvi, and except also in 
nominating and choosing landgraves and cassiques, as 

12* 



C APPENDIX. 

in §.x. All such deputations shall cease and deter- 
mine at the end of four year, and at any time shall 
be revocable at the pleasure of the deputator. 

57. No deputy of any proprietor shall have any pow- 
er whilst the deputator is in any part of Carolina, ex- 
cept the proprietor, whose deputy he is, be a minor. 

58. During the minority of any proprietor, his guar- 
dian shall have power to constitute and appoint his 
deputy. 

59. The eldest of the lords proprietors, who shall 
be personnally in Carolina, shall of course be the pal- 
atine's deputy, and if no proprietor be in Carolina, 
he shall choose his deputy out of the heirs apparent of 
any of the proprietors, if any such be there; and if 
there be no heir apparent of any of the lords proprie- 
tors above one and twenty years old in Carolina, then 
he shall choose for deputy any one of the landgraves of 
the grand council ; and till he have by deputation un- 
der hand and seal chosen any one of the foremention- 
ed heirs apparent or landgraves to be his deputy, the 
eldest man of the landgraves, and, for want of a land- 
grave, the eldest man of the cassiques, who shall be 
personnally in Carolina, shall of course be his deputy. 

60. Each proprietor's deputy shall be always one 
of his own six counsellors respectively; and in case 
any of the proprietors hath not, in his absence out of 
Carolina, a deputy, commissioned under his hand 
and seal, the eldest nobleman of his court shall of 
course be his deputy. 



APPENDIX. CI 

61. In every county there shall be a court, consist- 
ing of a sheriif, and four justices of the county, for ev- 
ery precinct one. The sheriff shall be an inhabitant 
of the county, and have at least five hundred acres of 
freehold within the said county; and the justices shall 
be inhabitants, and have each of them five hundred 
acres a-piece freehold within the precinct for which 
they serve respectively. These five shall be chosen 
and commissioned from time to time by the palatine's 
court. 

62. For any personal causes exceeding the value 
of two hundred pounds sterling, or in tide of land, or 
in any criminal cause; either party, upon paying 
twenty pounds sterling to the lords proprietors use, 
shall have liberty of appeal from the county court unto 
the respective proprietor's court. 

63. In every precinct there shall be a court, con- 
sisting of a Stewart and four justices of the precinct, 
being inhabitants, and having three hundred acres of 
freehold widiin the said precinct, who shall judge all 
criminal causes; except for treason, murder, and any 
other oifences punishable with death, and except all 
criminal causes of the nobility; and shall juge also all 
civil causes whatsoever; and in all personal actions not 
exceeding fifty pounds sterling, without appeal ; but 
where the cause shall exceed that value, or concern a 
title of land, and in all criminal causes; there either 
party, upon paying five pounds sterling to the lords pro- 
prietors use, shall have liberty of appeal to the county- 
court. 

6^1. No cause shall be twice tried in any one court, 
upon anv reason or pretence whatsoever. 



en APPENDIX, 

65. For treason murder, and all other offences pun- 
ishable with death, there shall be a commission, twice 
a year at least, granted unto one or more members of 
the grand council or colleges ; who shall come as itin- 
erant judges to the several counties, and with the sher, 
iff and four justices shall hold assizes to judge all such 
causes ; but, upon paying of fifty pounds sterling to the 
lords proprietors use, there shall be liberty of appeal 
to the respective proprietor's court. 

66. The grand jury at the several assizes, shall, 
upon their oaths, and under their hands and seals, 
deliver in to the itinerant judges a presentment of 
such grievances, misdemeanors, exigences, or de- 
fects, which they think necessary for the public 
good of the county; which presentments shall, by 
the itinerant judges, at the end of their circuit, be 
delivered in to the grand council at their next sit- 
ting. And whatsoever therein concerns the execu- 
tion of laws already made; the several proprietors 
courts, in the matters belonging to each of them res- 
pectively, shall take cognizance of it, and give such 
order about it, as shall be effectual for th« due exe- 
cution of the laws. But whatever concerns the 
making of any new law, shall be referred to the sev- 
eral respective courts to which that matters belong, 
and be by them prepared and brough to the grand 
council, 

67. For terms, there shall be quarterly such a cer- 
tain number of days, not exceeding one and twenty 
at any one time, as the several respective courts 
shall appoint. The time for the beginning of the 



APPENDIX. ' cm 

term, in the precinct-court, shall be the first Mon- 
day in January, April, July, and October; in the 
county-court, the first Monday in February, May, 
August, and November; and in the proprietors 
courts, the first Monday in March, June, September, 
and December. 

68. In the precinct-court no man shall be a jury- 
man under fifty acres of freehold. In the county- 
court, or at the assizes, no man shall be a grand 
jury-man under three hundred acres of freehold; 
and no man shall be a petty jury-man under two 
hundred acres of freehold. In the proprietors courts 
no man shall be a jury-man under five hundred acres 
of freehold. 

69. Every jury shall consist of twelve men; and it 
shall not be necessary they should all agree, but the 
verdict shall be according to the consent of the ma- 
jority. 

70. It shall be a base and vile thing to plead for 
money or reward; nor shall any one (except he be 
a near kinsman, not farther off than cousin-german 
to the party concerned) be permitted to plead an- 
other man's cause, till, before the judge in open 
court, he hath taken an oath, that he doth not plead 
for money or reward, nor hath nor will receive, nor 
directly nor indirectly bargained with the party, 
whose cause he is goinsj to plead, for money or any 
other reward for pleading his cause. 

71. There shall be a parliament, consisting of 
the proprietors or their deputies, the landgraves 



CIV APPENDIX. 

and cassiques, and one freeholder out of every pre* 
cinct, to be chosen bv the freeholders of the said 
precinct respectively. They shall sit all together 
in one room, and have every member one vote. 

72. No man shall be chosen a member of parlia- 
ment, who hath less than five hundred acres of free- 
hold within the precinct for which he is chosen; 
nor shall any have a vote in choosing the said mem- 
ber that hath less than fiftv acres of freehold within 
the said precinct. 

73. A new parliament shall be assembled the 
first Monday of the month of November every se- 
cond year, and shall meet and sit in the town they 
last sit in, without any summons, unless by the pal- 
atine's court they be summoned to meet at any oth- 
er place. And if there shall be any occasion of a 
parliament in these intervals, it shall be in the pow- 
er of the palatine's court to assemble them in forty 
days notice, and at such time and place as the said 
court shall think fit; and the palatine's court shall 
have power to dissolve the said parliament when 
they shall think fit. 

74. At the opening of every parliament, the first 
thing that shall be done, shall be the reading of 
these fundamental constitutions, which the palatine 
and proprietors, and the rest of the members then 
present, shall subscribe. Nor shall any person what- 
soever sit or vole in the parliament, till he hath 
that session subscribed these fundamental constitu- 
tions, in a book kept for that purpose by the clerk 
of the parliament. 



APPENDIX. CV 

75. In order to the due election of members for 
the biennial parliament, it shall be lawful for the 
freeholders of the respective precincts to meet the 
first Tuesday in September every two years, in the 
same town or place that they last met in, to choose 
parliament-men; and there choose those members 
that are to sit the next November following, unless 
the Stewart of the precinct shall, by sufficient notice 
thirty days belore, appoint some other place for 
their meeting, in order to the election. 

76. No act or order of parliament shall be of any 
force, unless it be ratified in open parliament during 
the same session, by the palatine or his deputy, 
and three more of the lords proprietors or their de- 
puties ; and then not to continue longer in force but 
until the next biennial parliament, unless in the 
mean time it be ratified under the hands and seals 
of the palatine himself, and three more of the lords 
proprietors themselves, and by their order publish- 
ed at the next biennial parliament, 

77. Any proprietor or his deputy may enter his 
protestation against any act of the parliament, be- 
fore the palatine or his deputy's consent be given 
as aforesaid ; if he shall conceive the said act to be 
contrary to this establishment, or any of these fun- 
damental constitutions of the government. And in 
such case, after full and free debate, the several es- 
tates shall retire into four several chambers; the 
palatine and proprietors into one; the landgraves 
into another; the cassiques into another; and those 
chosen by the precincts into a fourth : and if the 



OVl APPENDIX. 

major part of any of the four estates shall vote that 
the law is not agreeable to this establishment, and 
these fundamental constitutions of the government, 
then it shall pass no farther, but be as if it had never 
been proposed. 

78. The quorum of the parliament shall be one 
half of those who are members, and capable of sit- 
ting in the house that present session of parliament. 
The quorum of each of the chambers of parliament 
shall be one half of the members of that chamber^ 

79. To avoid multiplicity of laws, which by de- 
grees always change the right foundations of the 
original government, all acts of parliament what- 
soever, in whatsoever form passed or enacted, shall, 
at the end of an hundred years after their enacting, 
respectively cease and determine of themselves, 
and without any repeal become null and void, as if 
no such acts of laws had ever been made. 

80. Since multiplicity of comments, as well as of 
laws, have great inconveniences, and serve only to 
obscure and perplex; all manner of comments and 
expositions on any part of these fundamental con- 
stitutions, or any part of the common or statute law 
of Carolina, are absolutely prohibited. 

81. There shall be a registry in every precinct, 
wherein shall be enrolled all deeds, leases, judg- 
ments, mortgages, and other conveyances, which 
may concern any of the land within the said pre- 
cinct; and all such conveyances not so entered or 



APPENDIX. CVri 

registered, shall not be of force against any person 
nor party to the said contract or conveyance. 

82. No man shall be register of any precinct, who 
hath not at least three hundred acres of freehold 
within the said precinct. 

83. The freeholders of every precinct shall nomi- 
nate three men; out of which three, the chief jus- 
tice's court shall choose and commission one to be 
register of the said precinct, whilst he shall well 
behave himself 

84. There shall be a registry in every signiory, 
barony and colony, wherein shall be recorded all 
the births, marriages and deaths, that shall happen 
within the respective signiories, baronies and col- 
onies. 

85. No man shall be register of a colony, that 
hath not above fxfty acres of freehold within the said 
colony. 

86. The time of every one's age, that is born in 
Carolina, shall be reckoned from the day that his 
birth is entered in the registry, and not before. 

87. No marriage shall be lawful, whatever con- 
tract and ceremony they have used, till both parties 
mutually own it before the register of the place 
where they were married, and he register it, with 
the names of the father and mother of each party. 

88. No man shall administer to the goods, or have 
right to them, or enter upon the estate of any per- 
son deceased, till his death be registered in the re- 
spective registry. 

13* 



CVIII APPENDIX. 

89. He that doth not enter in the respective re- 
gistry the birth or death of any person that is born 
or dies in his house or ground, shall pay to the said 
register one shilling per week for each such neglect, 
reckoning from the time of each birth or death re- 
spectively, to the time of registering it. 

90. In like manner the births, marriages and 
deaths of the lords proprietors, landgraves and cas- 
siques, shall be registered in the chamberlain's court. 

91. There shall be in every colony one constable^ 
to be chosen annually, b} ihe freeholders of the colo- 
ny; his estate shall be above a hundred acres of free- 
hold within the said colony, and such subordinate offi- 
cers appointed for his assistance as the county court 
shall find requisite, and shall be established by the 
said county court. The election of the subordinate 
annual officers shall be also in the freeholders of the 
colony. 

92. All towns incorporate shall be governed by a 
mayor, twelve aldermen and twenty-four of the com- 
mon council. The said common council shall be 
chosen by the present householders of the said town ; 
the aldermen shall be chosen out of the common coun- 
cil; and the mayor out of the aldermen, by the pala- 
tine's court. 

93. It being of great consequence to the planta- 
tion, that port towns should be built and preserved; 
therefore, whosoever shall lade or unlade any commo- 
dity at any other place but a port town, shall forfeit 
to the lords proprietors, for each ton so laden or unla- 
den, the sum of ten pounds sterling ; except only such 



APPENDIX. QIX 

goods as the palatine's court shall license to be laden 
or unladen elsewhere. 

94. The first port town upon every river shall be 
in a colony, and be a port town forever. 

95. No man shall be permitted to be a freeman of 
Carolina, or to have any estate or habitation within it, 
that dbth not acknowledge a God ; and that God is 
publicly and solemnly to be worshipped. 

96. [As the country comes to be sufficiently plant- 
ed and distributed into fit divisions, it shall belong to 
the parliament to take care for the building of church- 
es, and the public maintenance of divines, to be em- 
ployed in the exercise of religion, according to the 
church of England; which being the only true 
and orthodox, and the national religion of all the 
king's dominions, is so also of Carolina; and, there- 
fore, it alone shall be allowed to receive public main- 
tenance, by grant of parliament,^] 

97. But since the natives of that place, who will be 
concerned in our plantation, are utterly strangers to 
Christianity, whose idolatry, ignorance, or mistake, 
gives us no right to expel, or use them ill; and those 
who remove from other parts to plant there, will una- 
voidably be of different opinions concerning matters 
of religion, the liberty whereof they will expect to 
have allowed them, and it will not be reasonable for 
us, on this account, to keep them out; that civil peace 
may be maintained amidst the diversity of opinions, 

*This article was not drawn up by Mr. Locke; but inserted 
by some of the chief of tlie proprietors, a«;ainst his judgment; 
as Mr. Locke himself informed one of his friends, to whom he 
presented a copy of these constitutions. 



ex APPENDIX. 

and our agreement and compact with all men may he 
duly and faithfully observed; die violation whereof,, 
upon what pretence soever, cannot be without great 
offence to almighty God, and great scandal to the true 
religion, which we profess; and also that Jews, 
Heathens, and other dissenters from the purity of 
Christian religion, may not be scared and kept at a 
distance from it, but, by having an opportunity of ac- 
quainting thenlselves with the truth and reasonable- 
ness of its doctrines, and the peaceableness and inof- 
fensiveness of its professors, may, by good usage and 
persuasion, and all those convincing methods of gen- 
tleness and meekness, suitable to the rules and design 
of the gospel, be won over to embrace and unfeign° 
edly receive the truth ; therefore any seven or more 
persons agreeing in any religion, shall constitute a 
ehurch or profession, to which they shall give some 
name, to distinguish it from others. 

98. The terms of admittance and communion with 
any church or profession, shall be written in a book^ 
and therein be subscribed by all the members of the 
said church or profession; which book shall be kept 
by the public register of the precinct wherein they 
reside. 

99. The time of every one's subscription and ad- 
mittance shall be dated in the said book of religious 
record, 

100. in the terms of communion of every church 
or profession, these following shall be three ; without 
which no agreement or assembly of men, upon pre- 
tence of religion, shall be accounted a church or pro- 
fession within these rules; 



APPENDIX. CXI 

I. " That there is a God." 

II. " That God is puhlicly to be worshipped." 

III. " That it is lawful and the duty of every man, 
being thereunto called by those that govern, to bear 
witness to truth; and that every church or profes- 
sion shall^ in their terms of communion, Fet down the 
external way whereby they witness a truth as in the 
presence of God, whether it be by laying hands on 
or kissing the bible, as in the church of England, 
or by holding up the |hand, or in any other sensible 
way." 

101. No person above seventeen years of age shall 
have any benefit or protection of the law, or be capa- 
ble of any place of profit or honor, who is not a 
member of some church or profession, having his 
name recorded in some one, and but one religious re- 
cord at once. 

102. No person of any other church or profession 
shall disturb or molest any religious assembly. 

103. No person whatsoever shall speak any thing 
in their religious assembly irreverently or seditiously 
of the government or governors, or state matters, 

104. Any person subscribing the terms of commu- 
nion, in the record of the said church or profession, 
before the precinct register, and any {i\e members of 
the said church or profession, shall be thereby made 
a member of die said church or profession. 

105. Any person striking out his own name out of 
any religious record, or his name being struck out by 
any oflicer thereunto authorised by each ciiuroh or 
profession respectively, shall cease to be a member of 
that church or profession. 



CXll APPENDIX. 

106. No man shall use any reproachful, reviling or 
abusive language, against the religion of any church 
or profession ; that being the certain way of disturbing 
the peace, and hindering the conversion of any to the 
truth, by engaging them in quarrels and animosities, 
to the hatred of the professors and that profession, 
which otherwise they might be brought to assent to. 

107. Since charity obliges us to wish well to the 
souls of all men, and religion ought to alter nothing in 
any man's civil estate or right, it shall be lawful for 
slaves, as well as others, to enter themselves, and be 
of what church or profession any of them shall think 
best, and therefore be as fully members as any free- 
man. But yet no slave shall hereby be exempted from 
that civil dominion his master hath over him, but be 
in all other things in the same state and condition he 
was in before. 

lOS. Assemblies, upon what pretence soever of re- 
ligion, not observing and performing the above said 
rules, shall not be esteemed as churches, but unlawful 
meetings, and be punished as other riots. 

109. No person whatsoever, shall disturb, molest 
or persecute another for his speculative opinions in re- 
ligion, or his way of worship. 

110. Every freeman of Carolina shall have absolute 
power and authority over his negro slaves, of what 
opinion or religion soever. 

111. No cause, whether civil or criminal, of any 
freeman, shall be tried in any court of judicature, with- 
out a jury of his peers. 

112. No person whatsoever, shall hold or claim any 
land in Carolina by purchase or gift; or otherwise, front 



APPENDIX. CXIII 

the natives, or any other whatsoever: but merely from 
and under the lords proprietors; upon pain of forfeit- 
ure of all his estate, moveable or immoveable, and 
perpetual banishment. 

113. Whosoever shall possess any freehold in Ca- 
rolina, upon what title or grant soever, shall, at the 
farthest, from and after the year one thousand six hun- 
dred and eighty-nine, pay yearly unto the lords pro- 
prietors, for each acre of land, English measure, as 
much fine silver as is at this present in one English 
penny, or the value thereof, to be as a chief rent and 
acknowledgment to the lords proprietors, their heirs 
and successors, forever. And it shall be lawful for 
the palatine's court, by their officers at any time, to 
take a new survey of any man's land, not to out him 
of any part of his possession, but that by such a sur- 
vey, the just number of acres he possesseih may 
be known, and the rent thereupon due may be paid by 
him. 

114. All wrecks, mines, minerals, quarries of gems, 
and precious stones, and with pearl-fishing, whale- 
fishing, and one half of all ambergris, by whom- 
soever found, shall wholly belong to the lords propri- 
etors. 

• 115. All revenues and profits belonging to the lords 
proprietors in common, shall be divided into ten parts, 
whereof the palatine shall have three, and each pro- 
prietor one; but if the palatine shall govern by a de- 
puty, his deputy shall have one of those three tenths, 
and the palatine the other two tenths. 

116. All inhabitants and freemen of Carolina, 
above seventeen years of ago, and under sixty, shall 



CIV APPENDIX. 

be bound to bear arms, and serve as soldiers, whenever 
the grand council shall find it necessary. 

117. A true copy of these Fundamental Constitu- 
tions shall be kept in a great book, by the register of 
every precinct, to be subscribed before the said regis- 
ter. Nor shall any person, of what condition or de- 
gree soever, above seventeen years old, have any es- 
tate or possession in Carolina, or protection or benefit 
of the law there, who hath not, before a precinct regis- 
ter, subscribed these Fundamental Constitutions in this 
form: 

" I, A. B. do promise to bear faith and true allegi- 
ance to our sovereign lord king, Charles 11., his 
heirs and successors ; and will be true and faithful to 
the palatine and lords proprietors of Carolina, their 
heirs and successors; and with my utmost power will 
defend them, and maintain the government according 

to this establishment in these Fundamental Constitu- 
tions." 

118. Whatsoever alien, shall, in this form, befoi^ 
any precinct register, subscribe these Fundamental 
Constitutions, shall be thereby naturalized. 

119. In the same manner shall every person, at his 
admittance into any office, subscribe these Fundamen- 
tal Constitutions. 

120. These Fundamental Constitutions, in num- 
ber a hundred and twenty, and every part thereof, 
shall be and remain the sacred and unalterable form 
and rule of government of Carolina forever. Wit- 
ness our hands and seals, the first day of March, six- 
teen hundred and sixty-nine. 



♦ -f 



HISTORY OF NORTH CAROLINA. 



THE 



HISTORY 



OF 



I^ORTH CAROLINA, 



FROai THE EARLIEST PERIOD. 



BY FRANCOIS-XAVIER MARTIN. 



Colonic autem juruy institutaque popuH Romania non sui 

arbitrii habehant. 

Gel. lib. 16, cap. 23. 



VOLUME II. 



UE'W-ORLEAN'S: 

PRIJVTED BY A. T. PEJ^JVIMAJV !f CO. 

Corner of Chartres aud Bienville Street?. 

1829. 



Eastern District of Louisiana^ ss. 

Be it remembered, That on the twentieth day of July, in the 
year of our Lord one thousand eight hundred and twenty-nine, and of the 
independence of the United States the fifty-third, FRANCOIS-XAVIER 
MARTIN, of the said district, hath deposited in the Clerk's office for the 
District Court of the United States for the Eastern District of Louisiana^ 
the title of a book, the right whereof he claims as author, to wit; 

" The History of North Carolina, from the earliest period. By 

iPranQois-Xavier Martin. 

ColonicB autemjura, institutaque populi Romania nonsui 
arbitrii, habebant. 

Gel. lib. 16, cap. 23. 

In conformity to an act of Congress of the United States, entitled *' An 
act for the encouragement of learning, by securing the copies of maps, 
charts and books to the authors and proprietors of such copies during 
the times therein mentioned;" and also, to the act entitled " An act sup- 
plementary to an act, entitled ' an act for the encouragement of learning, 
by securing the copies of maps, charts and books, to the authors and 
proprietors of such copies, during the times therein mentioned,' and ex- 
tending the benefits thereof to the arts of designing, engraving and etching 
historical and other prints.'* 

FRANKLIN W. LEA, 

Clerk of the United Court for the Eastern DisfriH 

of Louisimin. 




THE 

HISTORY 

OF 

NORTH CAROLINA. 

CHAPTER I. 

Carolina, on its becoming the property of the 
crown, was divided into two distinct provinces, and 
on tiie 29th of April, 1730, George Burrington, who 
a few years before, had presided over the northern 
part of the province, under the authority of the lords 
proprietors, was appointed governor of North Car- 
olina. He did not reach his government till the 
middle of the month of February; Sir Richard Eve- 
Fard yielded him the supreme authority without any 
struggle, and he qualified at Edenton on the 2.')th. 
None of the former officers were continued. Wil- 
liam Smith was appointed chief justice, Nathaniel 
Rice, secretary, Edmund -^orter, judge of the ad- 
miralty, John Montgomery, attorney general, and 
Robert Holton, provost marshal. Those officers 
were named as councellors, in the governor's com- 
mission. John Palin, Joseph Jenoure, John Bap- 
tist Ashe, Cornelius Harnett, John Lovick, Edmund 
Gale and Mathew Rowan were either named with 
them in the same instrument, or called into the 
king's council, during Burring ion's administration. 

His instructions provided, ;hat three members of 
the king's council should constitute a quorum ; they 
required him, in case of a vacancy, to forward with 

N. CARO. ir, 1 



e CHAPTER [1730 

the information of it, the names of a number of res- 
pectable planters, whom he might deem proper 
persons to fill it; but, in case the board was reduc- 
ed to less than seven members, they authorized 
him, with the advice of the council, to fill vacancies, 
until that number was complete. He had power to 
suspend any member of the council, on just cause, 
from his seat at the board, until the king's pleasure 
was known ; to grant reprieves in cases of treason, 
and pardons for all other offences, and to collate to 

all ecclesiastical benefices. 

He was directed, with the advice of the council, 

to call assemblies of the freeholders of the prov- 
ince, according to former usage, and authori- 
sed, with their consent and that of the council, ta 
exercise legislative powers: but the provincial acts 
were to be transmitted to the king in council for 
his revision, and on his disallowance they were to 
cease having any force. 

With the assent of the council, he was also em- 
powered to establish courts of justice, fairs and 
markets, and to dispose of vacant lands. 

The governor and council were authorized to 
hold a court of error, and take cognizance of all 
suits, in which the matter in dispute exceeded in 
value the sum of one hundred pounds, and from 
them an appeal lay to the king in council, in Eng- 
land- if it exceeded three hundred pounds sterling. 

The lords of the admiralty had granted to gov- 
ernor Burrington a commission of vice-admiral in 
the province. 

The vice-admiral, members of the council, 
commanders of the king's ships in the province, 



7730] THE FIRST. $ 

^chief-justice, judge of the vice-admiralty, secretary, 
receiver and surveyor-general, were constituted a 
court for the trial of pirates. 

The prosperity of the king's new acquisition 
depending; in a great degree on the tranquility of 
its inhabitants, it had been judged by the British 
ministry, an object of primary impv>rtance to secure 
the friendship of the nations of Indians, by w^hom 
there was most reason to apprehend it might be 
disturbed. For this purpose Sir Alexander Cum- 
ming was sent to conclude a treaty of alliance with 
the Cherokees, at that time a warlike and formida- 
ble nation. They occupied the land on the back 
part of the settlements of both the Carolinas, to- 
wards the Appalachean mountains. The country 
th^y claimed as their hunting grounds was of im- 
mense extent, and the boundaries of it had never 
been ascertained. The inhabitants of their differ- 
ent towns were computed to amount to more than 
twenty thousand, six thousand of w^hom were war- 
riors, fit to take the field on any emergency. Ah 
alliance, with this nation, was an object of impor- 
tance to the Carolinas, and likewise to the mother 
country, who now engaged their protection and de- 
fence. Sir Alexander arrived at Charleston about 
the same time that governor Burrington reached 
Edenton. He lost no time, and in a few weeks 
after met the chiefs of the Cherokee lower towns, 
at Keowee; they received him with marks of 
f riedship and esteem. Messengers were immedi- 
ately sent to the towns in the middle, valley and 
over hill settlements to summon a general meeting 
of the chiefs, for the purpose of holding a congress 



4 , CHAPTER i^m} 

with Sfr Alexander, in the month of April, at 
Requassee. 

Immediately after his qualification, governor Bur- 
rington issued a proclamation for convening tcve 
first legislative assembly of the province, under the 
immediate authority of the crown. They were 
called at Edenton, and required to meet on the 
13th of April, 1731. With a view to secure the 
friendship of the Indians, who were immediately on 
the western frontier of his government, he sent 
John Brikell, a physician, to meet them. The doc- 
tor sat offin the latter part of February from Eden- 
ton, attended by a company of ten men and two 
Indians as huntsmen and interpreters. The detail 
of his journey affords an accurate idea of the state 
of the country, at that time. He had provided him* 
self with fire arms, ammunition, horses, two mari- 
ners compasses, rum, salt, pepper, Indian corn, and 
other necessaries. After they had passed the plan- 
tations of the whites, they camped every evening 
an hour before sunset, tied their horses to trees, 
which they made the Indians climb up to procure a 
sufficient quantity of moss for the horses, and to 
make beds for the men. They then sent the Indians 
to hunt, and, in the mean while, made a large 
fire of broken limbs of trees, which they found 
plentifully scattered through the woods; they 
piled them up, in order to continue burning all night, 
to prevent wild beasts or pernicious insects from 
approaching them or their horses. 

As soon as the Indians had discharged one or two 
shots, and jL>;iven signal of their success by hallow- 
ing, some of the party were despatched to their as- 



i730j THE FIKST. 5 

sistance to bring to the camp the game they had 
killed: and they seldom returned vvithout more than 
a sufficient quantity of venis'"»n, wild turkeys and 
other game, for the support of the whole company. 
When thus supplied with meat, they roast'^d and 
boiled a portion of it for supper, parched some 
Indian corn to serve instead of bread, and sat down 
to their meal with good appetite, whetted by the 
keen air; their tables, dishes and plates beini^ the 
bark of trees. Sapper bein.^ oyer they made a 
large gourdful of punch, and, when disposed to 
rest, lay on beds of moss near the fire, the company 
keeping a constant watch by turns, every four hours. 
After a journey of fifteen days, they reached the 
foot of the mountains, without having met any hu- 
man being on their way, since they hnd left the set- 
tlements of the white people. On their approach, 
they were discovered by a party of the Iroquois 
Indians, a powerful nation, continually at war, and 
wandering between the gulf of Mexico and the 
river St. Lawrence. As soon as they perceived 
the doctor's party they disappeared, and gave no- 
tice to their chief, who despatched one of his cap- 
tains, painted as red as vermillion, with a strong 
guard, armed with bows and arrows. When the 
party came in sight of the doctor's camp, which 
was in the middle of a large savannah, they halted, 
and the leader, attended by one Indian, advanced, 
holding a green bough in his hand. He gave the 
doctor to understand that he was sent by his chief, 
who desired to know whether the white people 
came for peace or war, or what other business had 
brought them hither. The doctor informed him, 



CHAPTER [1730 

througli one of his interpreters, that his views were 
friendly, that he had no other object than to cnlti- 
vate a good understanding and view the country. 
On receiving this answer he sat down and despatch- 
ed the Indian, who had approached with him, to 
convey the doctor's answer to the chief. The 
doctor regaled his guest with punch, and made him 
a present of a few toys, with which he appeared 
much pleased. On the return of the Indian, his 
messenger, he went to meet him at a small distantie, 
and receiving his message, returned to inform the 
doctor, that it was the wish of the chief that his 
party would pay him a visit, assuring them of his 
friendship. The doctor and his men were at first 
unwilling to comply, fearing some untoward conse- 
quence might attend the acceptance of this invita- 
tion : at length, encouraged by the assurances their 
guest gave them of the sincerity of the chiePs friend- 
ship, they consented to visit him, determined on de- 
fending themselves to the last extremity, in case any 
violence was offered. They marched, attended by 
all the Indians that had come out, and towards six 
o'clock reached the Indian town, and were con- 
ducted to the state house, where the chief and his 
war captains were met to receive them. On their 
entering they all rose, and the chief placed the 
doctor near him : he enquired into the motives of 
the journey of his party, and after the health of his 
brother, meaning the governor of the whites. On 
receiving the doctor's answer, he welcomed him 
and his companions, shaking every one of them by 
the hand, assuring them of his great regard, and of 
the friendship he entertained for their natiouy 



1730] , ' THE FIRST. 7 

Some punch was made for the chief and his cap- 
tains, and a few knives and glass beads were pre- 
sented him, which proved so highly acceptable 
that he gave orders to all his people to treat his 
guests in the most friendly manner, and supply them 
with whatever they had occasion for, while they 
chose to tarry among them: they were conducted 
to one of the chief's houses, which had been pre- 
pared for their reception, where they lay upon 
benches, covered with bear-skins. The Indians 
took particular care of their horses, and supplied 
the doctor and his men, with venison, wild fowls, 
fish, various kinds of dried fruit, pulse and water, 
no stronger liquor being to be met among these 
people. 

The chief's houses were in the center of the 
town; the rest of the buildings being erected in a 
confused order, without any regular streets, shops, 
or any handicraft trade being found among men. 

The news of the arrival of the doctor, brought 
a number of men and women around him, and, 
also^ boys and girls, who were stark naked. These 
would come to the white people, touch their 
clothes and gaze on them, with admiration and 
wonder. 

The chief endeavored to amuse his guests, by 
making men and women dance before them, and 
the lads shoot with bows and arrows, and perform 
their warlike exercises. The doctor finding him- 
self in favor with liis host, requested a sight of h\^ 
quiogoson, or chtunelhou^e^ and was indulged; hr 
observed it was the lar2;est he had over beheld. 



g CHAFTEE [ITSO 

Having spent two days in town, the doctor beg- 
ged the chief to permit him to depart, uhich was 
reluctantly granted; he presented him with a bot- 
tle of rum, and was forced to accept, in return, 
some venison, Indian corn and dried fruit. The 
Indians accompanied their visitors about half a 
mile out, and *ook leavf , wishing them health, and 
entreating them to call again, on their return. The 
party proceeded west ward ly, and at eve, reached the 
top of a high mountain, where they halted. They 
found it difficult to provide, for their horses, the moss, 
which had, hitherto, nourished them, not being to be 
found on the mountains. They made a large fire, 
and gathering the withered leaves together for their 
beds, went to sleep. The next morning, they started 
very early, and setting forward, they reached, at eve, 
the western side of the first ridge of mountains, and 
got into an even beautiful valley, adorned with woods 
and savannahs, of a very rich soil. Here they en- 
camped that night, after having made the longest day's 
journey, since their first setting out; for the country 
they had traversed was barren, and destitute of run- 
ning water, having met none but what was found by 
chance, in the hollow narts of the rocks, which was^ 
so bad that the horses would not drink it. The next 
morning, they set forward, with great cheerfulness, 
having plenty of water and all kinds of provisions. 
Th^y met with an Indian in the woods, who, as soon 
as he espied the party, fled, and, notwithstanding they 
endeavored, by calling him, and making signs, to in* 
to induce him to stop, he soon disappeared. After 



1730] THE FIRST. b 

two days' journey, they reached another ridge of 
rocky mountains, with large trees in several places, 
and little or no pasture, like the former; much higher, 
and having a beautiful prospect of large woods and 
forests, as far as the sight could extend : hence, they 
returned eastwardly and, in thirty two days, reached 
the setdements of the white people. 

Early in the month of April, the chief warriors of 
the Cherokee towns met Sir Alexander Cumming, at 
the place appointed, and acknowledged king George, 
for their sovereign lord, and, on their knees, promised 
fidelity and obedience to him. Sir Alexander, by 
their unanimous consent, appointed Moytoy, comman- 
der in chief of the Cherokee nation, and the warriors 
of the different tribes, acknowledgea him for their 
king, and promised to be accountable to him, for their 
conduct. Sir Alexander made several useful presents 
to the Indians, and the congress broke up to the sat- 
isfaction of all. The crown, or diadem of the nation, 
which consisted of five eagle-tails and four scalps of 
their enemies, was brought from Tennessee, their chief 
town, and Moytoy presented it to Sir Alexander, de- 
siring him, on his return, to lay it at the feet of his 
sovereign ; but at his request, the Indian king deputed 
six of his warriors to carry it to England, and there 
do homage with it to the king. They accompanied 
Sir Alexander to Charleston and embarked on board 
the Fox ship of war. 

GoveriTor Burrington met the legislature, according 
to his proclamation, at Edenton, on the 13th of April. 
In his speech, at the opening of the session, he inform- 
ed the house, he had the king's commands to recom- 

N. CARO. II. 2 



• \ 



10 CHAPTER , [1730 

mend it to them, to settle an adequate and permanent 
revenue on the king and his heirs, for defraying the 
necessary charges of government in the province ; to 
allow a salary to his governor, suitable to the dignity 
of his office ; to make provision for defraying the ex- 
penses of the members of the king's council and the 
house of assemblv, and the emoluments and fees of 
the officers employed in the administration of justice. 
The lower house did not recognize, in this catalogue 
of requisitions, any of the advantages, which the 
people had been taught would attend the change of 
ownership: they were not prepared to receive it 
with complacency, and but litde attention was paid 

thereto. 

Justice now began to be administered in the king^s 

name, and Cullen Pollock, George Martin and Isaac 
Hill, were appointed assistant justices of the supreme 
court. Chief justice Smith did not recognize his 
American brethren, as persons whose opinions were 
to have nuich influence in forming the judgment of 
the court. He contended that, as his commission 
gave him "full power to hold the supreme court of 
the province," he needed no assistant in the exercise 
of that power. He was willing to allow them to sit 
on the bench, provided they would confine themselves 
to yielding their advice, as the master of the rolls 
and sometimes the chief justice of England assist the 
lord chancellor. Perhaps, his displeasure arose from 
their being persons appointed by governor B urrington 
between whom and himself, a considerable misunder- 
standing subsisted. The chief justice charged the 
governor with attempts to screen from punishment, 
several officers, who had been guilty of great abuse 



17301 THE FIRST. li 

and oppression, tinder the late administration, and he 
even insinuated that the governor had shared the 
profits of their ill practices. 

O' ' the 31)th of June, the Fox ship of war, on hoard 
of which Sir Alexander Cumming and ihe six Che- 
rokof? chiefs had emlarked, arrived at Dover. They 
proceeded to London, were introduced to the king, 
ani laid the regalia of their nation at the foot of 
the ihroiie. Considerable presents were made to 
them, of cloth, guns, shot, vermillion, flints, hatchets, 
knives, &:.c. They entered into a treaty, by which 
they submitted themselves and their people, to the 
sovereignty of the king and his successors: they en- 
gaged not to suffer their people to trade with any 
other nation than the English, nor to permit white 
men of any other nation to build forts or cabins, or 
p'ant<"orri among the n ; and, in case any such attempt 
was made, to give information of it, to the king's gov- 
ernor, and do whatever he would direct, for the main- 
tenance and defenceof the king's right to the country. 
They engag^ni to apprehend runaway negroes and 
deliver them to their owners or the governor; a 
gun and watch-coat were agreed to be given them, 
for every negro they apprehended and brought back. 
Provision was made for the punishment of any Eng- 
lishman killing an Indian, and the surrender of any 
Indian killing an Englishman, was stipulated. They 
were sent back, in the ship which had brought them, 
and met their ccuntrymcn, with the highest idea of 
the power and greatness of the English nation, and 
not a little pleavSed with the kind and generous treat- 
zneui they received. 



Ifi CHAPTER [1731 

The animosity which subsisted between chief jus- 
tice Smith and governor Burrington, continuing to 
increase, the former, fearing hkely at the meeting of 
the council in the spring of the following year, that 
the latter would exercise the power he had, of sus- 
pending him from his seat at that board, sailed 
for England, with private instructions from the coun- 
cil, and laid their complaints against the governor, at 
the foot of the throne. 

At the third session of the parliament, which was 
convened on the accession of George II. to the crown, 
a statute, of importance to the Carolinas, was passed. 
Rice having become the principal staple commodity of 
the southern province, ai>d of that part of the northern 
which borders on the river Cape Fear, the regulation 
which required that species of produce to be landt^d in 
Great Briiaii , before it could be shipped to any other 
part of Europe, had been found extremely burden- 
some. This commodity, being bulky, could not well 
bear a double freight, and the circuitous route to which 
it was confined, before it could reach the countries, in 
which there was the greatest demand for it, often pre- 
vented its arrival at market, in as seasonable time, and 
in as good condition, as that from other places, less 
distant, and from wi'ich, it was more immediately ship- 
ped. To remedy this evil, permission was granted to 
the king's subjects, of transporting rice from the Car- 
olinas, to the ports of E^urope, to the southward of 
cape Finisterre, in vessels built in Great Britain, or 
owned by the king's subjects, residing there, navi- 
gated according to law, and clearing out, in any port 
of Great Britain, for the Carolinas. Persons avail- 
ing themselves of tliis facility, were compelled to give 



1731] THE FIRST. 13 

bonds that no tobacco, sugar, cotton, wool, indigo, dye 
woods, molasses, tar, turpentine, hemp, masts, yards, 
bowsprits, copper ore, skins or fur, would be exported 
with the rice. 

During the summer, governor Burrington visited 
the settlements of cap*- Fear, which began to extend to 
some distance along the stream and its branches; he 
returned to meet the legislature, in t'le town of Eden- 
ton, where he arrived on the 3d of NovembT, He 
repeated his requisitions, and found the lower house 
totall}- unwilling to grant them. He, shortly after their 
meeting, prorogued them, observing he refrained from 
laviniJ^ anv business before them, on account of the 
indisposition, which they manifested, to comply with the 
king's wishes; that he judged it improper to proceed 
upon business with them, until he received the king's 
cominands, having laid before him the undutiful beha- 
viour of the lower house last year, and concluded by 
assuring them that, in the mean while, he would take 
good care that the business of the province should be 
faithfully conducted, and good order preserved. 
, The Irish, obtained this year, a statute of the British 
parliament, allowing the exportation of non-enumerated 
commodities, from the king's American colonies to 
Ireland. 

Rope-walks, having been established in some of the 
northern provinces, and most of their shipping being 
supplied with cordage of their manufacture, measures 
were taken in parliament, to depress th.se rising estab- 
lishments, and it was enacted, 'hat no drawback should 
be allowed on foreign unwrought hemp, exported to 
the American colonies. 



14 CHAPTER 11732 

In the latter part of the month of November, the 
precinct of Carteret, was divided by an act of the gov-^ 
ernor in council, and the vi^estern part of it was erected 
into a new precinct, called Onslow, in honor of Arthur 
Onslow, speaker of the British house of commons. 

With a view to the farther security of ti:e province of 
South Carolina, and the relief of indigent people in 
Great Britain and Ireland, the settlement of a ntw pro- 
vince, between the rivers Savannah and Alatamaha, was 
projected in England. Public spirit and private com- 
passion conspired in the promotion of this excellent 
design; several persons of humanity and opulerice 
united and formed a plan for raising mont-v for trans- 
porting poor families, to this part of America, and on 
the 9th of June, obtained a charter of incorporation: 
the new province was called Georgia, in honor of tlie 
king, who greatly favored the undertaking. The cor- 
poration, which consisted of twenty -one persons, was 
styled the trustees for settling and establishing the colony 
of Georgia. 

In the month of November, one hundred and fifty 
settlers, led by James Oglethorpe, one of the trustees, 
embarked, at Gravesend, for Georgia. 

The facility with which furs were procured in most 
of the American provinces, the trifling stock, the cheap 
apparatus, which are required in the manufacture of hats, 
had induced some of the colonists to employ their time 
and industry in this branch of business. Its success 
had been considerable, and the exportation of American 
made hats, to the West India islands, Portugal and 
Spain, became so extensive as to give great uneasiness 
to, and consequently excite the clamours of the com- 
pany of hatters in London. In order ^^to check the 



1733] THE FIRST. - 15 

enterprising spirit of the Americans, in this respectp 
parliament forbade the exportation of hats from the conti- 
nental provinces, to the West India islands and from one 
province to the other, and made other severe regulations: 
no person was allowed to work at, or carry on, this 
kind of manufacture, without having served an appren- 
ticeship of seven years; no master was allowed more 
than two apprentices at the same time, or to employ 
any negro. The statute had the intended effect, it consi- 
derably prevented the estabhshment or employment of hat 
manufactures for distant sale, and confined the industry 
of the colonists, in this respect, to very narrow limits. 
To guard against the partiality of a jury of the vicinage, 
the heavy penalties, by which these regulations were 
enforced, were made recoverable in any of the provinces, 
or in any part of Great Britain, in which the defendant 
might be convicted, or the goods brought and seized. 

For assisting British creditors, in the recovery of the 
debts due them in America, a statute was passed this 
year, authorizing the admission of ex parte testimony, 
taken before t( e mayor, or chief magistrate of any city, 
borough, or town corporate, in Great Britain, and lands 
andjhouses were made liable to seizure and sale, as goods 
and chattels. 

Frederick V. of Denmark, purchased the island of 
St Croix, from Spain, in 1733. 

In the month of April, a new precinct was established, 
by a resolution of the governor and council, and called 
Edgecombe, and in the month of October, the precinct 
of New Hanover was divided, and the western part of 
it erected into a new one, by the name of Bladen, 
in compliment to Martin Bladen, one of the lords com- 
missioners of trade and plantations. 



16 CHAPTER [1734 

In the spring, chief jubtice Smith returned from 
England, and hoon aitcr, the governor took his depar- 
ture, under the pretence of a visit to South Carolina, 
from whence he sailed for London, in the month of 
April. The administration of government devolved on 
Nathanial Rice, the secretary of the province, who was 
the councillor, first named in the kins^'s instructions, 
as president and commander in chief; he qualified at 
Edenton, on the 17th of April. 

During the absence of the chief justice, John Palin, 
presided, for some time, in the supreme court of the 
province, and was succeeded by William Little, with 
whom, John Worley, William Owen, Mackara Scarbo- 
rough and William Badham, sat as associate justices. 

Great Britain took no part in the war, that began in 
1733, between France and Austria. The minister, de- 
pending on the |)acific temper of Cardinal de Fleury, 
whom war too much perplexed by the difficulties of the 
time, to reap too great an advantage, from the first 
succeess of the French arms. 



Chalmers — Brickie — History qfS. C.-^-Records. 



CHAPTER II. 

President Rice's administration was of very short 
duration, for, during the summer, Gabriel Johnston v/as 
appointed governor of the province. 

This gentleman was a native of Scotland, and had re- 
ceived his education in the universitv of St. Andrews : 

m 

he had spent a few years in the acquisition of medical 
knowledge, and soon after his reachin.^ manhood, was 
appointed professor of the oriental languages, in the 
seminary in which he had been reared. This office be- 
ing a mere sinecure, he removed to London, where he 
was employed in writing some numbers of *' The Crafts- 
man," a periodical paper, supported by the ablest po- 
litical writers of the day, (lord Bollingbroke and Mr. 
Pultney being of the number,) in which the measures 
of the administration were attacked with equal animosity 
and argument. On the succeeding change in the mi- 
nistry, governor Johnston had obtained his appointment 
principally through the recommendation of Spence 
Compton, baron of Wilmington. 

He arrived in the river of Cupe Fear late in October ; 
on the second day of November he took the oaths of 
office, at the court house of the precinct ofNew Hano- 
ver, in the town of Brunswick, and shortly after met 
the legislature at Edcnton. He communicated to them, 
in his speech, at the opening of the session, the king's de- 

N. CARO. II. 3 



itr CHAPITER [1734 

sire, that provision should be made for an adequate 
and permanent revenue for the support of the govern- 
ment of the province, and for a fixed salary for the chief 
mnijistrate, for the time being. 

The bills of ci edit which had been emitted in 1729, 
under the authority of the lords proprietors, were stamp- 
ed and exchanged, and their future circulation limited to 
a period of ten years ; a duty on liquors was laid, for 
the support of government ; and the poll tax, on the 
poorer inhabitants of the province, was lessened ; the 
qualifications of the electors and of the members of the 
lowtr house were defined ; new regulations were made 
for the improvement and extension of roads ; the pre- 
cincts of Onslow and Bliiden, which had been established 
by an order of the late governor in council, were con- 
firmed, and a grant of fourteen thousand pounds was 
made to the king, for the service of the province, and 
for the more immediate payment of part of it, an emis- 
sion of bills of credit, to the amount of ten thousand 
pounds, was directed ; provision was made for defray- 
ing the expenses of the council and assembly, but none 
for the support of the chief magistrate. 

In the course of the following year, a court of ex- 
chequer was established : it held its first session at New- 
ton, a small village lately built on Cape Fear river, on 
the 13th of May : chief justice Smith was appointed 
chief baron, and James Innes and William Forbes, 
baronso 

It does not appear, that there was any meeting of the 
legislature, in the course of the year 1735. 

The war, which had lately commenced, and was now 
carried on with great fury, by the united powers of 
France, Spain and Sardinia^ against the emperor, 



1735] THE SECOND. 19 

threatened tlie tranquility of the other Eurrpean powers ; 
and althoLi.ojh the king of Great Britain was in no ways 
engas^ed in it, his subjects could not be regardless of the 
passing events, or unconcerned for the future con^^e- 
quences of a war, undertaken and supported by so pow- 
erful an alliance. The situation of the southern British 
provinces in America, excited a lively degree of alarm; 
to tlie south and south-west was situated the strong 
castle of St. Augustine, garrisoned by four hundred- 
soldiers, who had several nations of Indians in their sub- 
jection, besides several other settlements or garrisons, 
some of which were not eighty miles distant from the 
l>rovince of Georgia. To the south-west and west, the 
French had erected a considerable town, near fort 
Conde, on the river Mobile, and other forts and garri- 
sons, some not above three hundred miles distant from 
the settlements in the province of South CaroUna, and at 
New Orleans. Since the conclusion of the war under 
queen Anne, they had increased their trade and traffic, 
and had now many forts and garrisons on both sides of 
the Mississippi, for several miles up that river ; and since 
the king of France had taken the government of the 
country from the Mississippi company, the French from 
Canada came daily down in shoals to settle along the 
river, where regular forces had lately been sent to 
strengthen the garrisons ; they had five hundred men in 
pay, constantly employed as wood rangers, to keep their 
neighboring Indians m subjection, and to prevent those 
at a distance from coming on and destroying their settle- 
ments ; they had been so successful in their intrigues, 
that they had completely under their control and influ- 
ence the numerous nations of Indians tliat dwelt near the 
Mississippi; one of them, the Choctaws, who were al^ 



20 CHAPTER [1735 

ways deemed a very warlike people, and who were able 
to bring into the the field five thousand warriors, was at 
the distance of four hundred miles only from the back 
settlements in the province of South Carolina ; among 
them, as among several other nations of Indians, many 
French Europeans had been sent to settle, and were en- 
couraged by their priests and missionaries to take Indian 
wives, and other alluring means were used, the better 
to attach the Indians to the French alliance. Thus the 
French had become thoroughly acquainted with the In- 
dian mode of living, warring and dwelling in the woods ; 
and a great number of them were among the Indians, 
able to perform a long march with an army of those 
people, upon any expedition. 

There was room to apprehend, that, in case the mea- 
sures of France should provoke Great Britain to a state 
of hostility in Europe, the French and Indians on the 
Mississippi settlements, would invade the Carolinas and 
Georgia. 

They had already paved the way for a design of this 
nature, by erecting a fort, called the Alabama Fort, or 
Fort Toulouse, in the middle of the upper Creek Indians, 
upon a navigable river leading to Mobile, which they 
kept well garrisoned and mounted with fourteen pieces 
of cannon ; they had lately attempted to build one nearer 
the British settlements. The upper Creeks were a 
bold and active nation, and had about twenty-five hun- 
dred warriors ; they were about one hundred and fifty 
miles distant from the Cherokees, and although the Bri- 
tish had heretofore traded with, and looked upon them 
as in their alliance, yet the French, on account of the fort, 
and a superior ability to make them fiberal presents, had 
been for some time too successfully striving to draw 



1735] THE SECOND. 21 

them to their interest, and had effected their purpose 
with some of the towns : they were the only nation 
which the soutliern provinces could consider as a barrier 
against tlie attempts of the French, or their confederate 
Indians. 

Hitherto the French at Mobile, unable to gain the 
Indians to their interest, without buying their deer skins, 
the only commodity which the Indians had to procure ne- 
cessities with, and having no means of disposing of them 
in France, had found means to encourage vessels from 
the British provinces, particularly from New York, to 
truck the skins with them for Indian trading goods, 
especially the British woollen manufactures, which they 
disposed of to the Creeks, Choctaws, and other Indians, 
by this means alienating them more easily from the Bri- 
tish interest. 

Besides the many dangers to which the southern pro- 
vinces were exposed, from so many enemies in rear 
of their settlements, their sea coast was in the most 
defenceless condition, their ports and harbors, lying open 
to the invasion of any enemy by sea, there not being in 
any of them a fortification, capable of making much 
resistance. 

Governor Oglethorpe, having brought a number of 
heavy guns with him, began to fortify the province of 
Georgia, at the place which is now known as the town 
of Augusta, he erected a fort on the bank of the river 
Savannah, excellently situated for protecting the Indian 
trade, and holding treaties with several of the nations of 
the Indians ; on an island, near the river Alatamaha, ano- 
ther fort with four bastions was erected, and several 
pieces of cannon mounted in it ; the place was called 
Fredcrica ; ten miles nearer the sea, a battery was raised, 



CHAPTER [1736 

commanding the entrance of the sound, through which 
all armed vessels must come, that might be sent against 
Frederica. To keep garrisons in these forts, and reim- 
burse the expenses of their erection, parliament made a 
grant of ten thousand pounds. 

While governor Oglethorpe was thus employed in 
fortifying the province under his command, he received 
a mes«iage from the Spanish governor at St. Augustine, 
acquainting him that a commission from the king of 
Spain had arrived there from Spain, in order to make 
certain demands of him, and would meet him at Fre- 
derica, for that purpose. A few days after, the com- 
missioner came to Georgia by water, and governor 
Oglethorpe, unwilling to permit him to proceed to 
Frederica, sent a sloop to convey him to Jekyl sound. 
Here he unfolded the object of his mission; it was to 
summon the governor, in the name of the king of 
Spain, to evacuate the country, to the thirty-third de- 
gree of north latitude, which his master claimed, and to 
which he was determined to maintain his right. The 
governor endeavored to convince him that the king had 
been misinformed, but to no purpose: the instructions 
of the commissioner were peremptory, and the confer- 
ance broke up without their coming to any agreement. 

Governor Johnston met the legislature on the 21st 
day of September, in the town of Edenton. In ad- 
dressing the houses, he began by bewailing the deplora- 
ble situation of the province, in which no provision ex- 
isted for keeping up the sense and awe of the Deity on 
the minds of the people, nor any care was taken to in- 
spire the youth with generous sentiments, worthy 
principles, or the least tincture of literature — in which 
the laws were diffused up and down, in different places, 



1736] THE SECOND. 23 

on loose papers, many of them contradictory, others 
unintelligible, appearing under ridiculous titles, couch- 
ed in a childish style, and offending the common rules 
of grammar. He observed, that from the best and 
plainest of these laws, the vilest malefactors, not only- 
might, but did actually escape, with impunity, on ac- 
count of the insufficiency of the jails. He besought 
the members of both houses, to consider themselves 
as the representatives of such a country, possess- 
ing the power and means, and earnestly solicited to 
remedy these calamities, an'd then laying their hands on 
their hearts, think how they could answer it to God and 
their own consciences, if they neglected the opportunity 
of relieving the province, or suffered themselves to be 
diverted from it by the arts of designing men. He 
complained of the insufficiency of the militia law, and 
recommended to the consideration of the houses, the 
propriety of giving encouragement to a direct trade with 
Great Britain. 

He complained of notorious untruths and impudent 
falsehoods, which, with a design of keeping the country 
in confusion, had been industriously propagated by a 
party, remarkable for nothing more than their indefatiga- 
ble efforts in spreading the basest calumnies, and for their 
want of shame when detected. He flattered himself, he 
had no occasion to say much on this subject, because 
it was pretty well known, that if those men had been 
permitted, as in former times, to injure the king's reve- 
nue, and oppress their fellow subjects, the province 
would not have been troubled with their complaints. 
He wished every planter would bring the matter home 
to himself, make the case his own, and suppose that in 
the kte times, when no Jegal title could be obtained? 



24 CHAPTER V inSG 

he had sat down widi his family on a vacant tract of land, 
and with great expense and labor, built upon and culti- 
i^oted it for several years, and after all a person (unac- 
quainted, perhaps, with the bounds of the tract, but by 
the survey the occupant had paid for) and with an inso- 
lent air, by virtue of a patent, which, likely, a few hours 
before was a blank sheet of paper, rob him of his land, 
and of the fruit of his labor of so many years. After 
asking whether there would not be just and real cause 
of complaint, against a government which would con- 
nive at proceedings like these ; he observed, that the case 
he had put, was not an hypothesis, but had actually 
happened several times, and no one could tell how often 
it would have happened, if a seasonable stop had not 
been put to it. He said that, for his own part, he thought 
he might say, without vanity or ostentation, that he had 
been at great expense, and even risked his health, to do 
justice to the people, by going on the spot to hear their 
different pretentions, and, on all occasions, relieving the 
poor industiious planter, from the oppression of his 
more powerful and crafty neighbor; and as he heartily 
despised the poor, trifling efforts of those men, to his pre- 
judice, as well as the scandalous method they took 
to make them effectual, if any artifice should pre- 
vail with the houses, to lose this favorable opportu- 
nity of settling the country, he would still have the 
satisfaction of reflecting, that he had performed his duty. 
He conciu.led by observing, that as he had been obliged 
by his instructions, vigorously to maintain the rights 
and just revenue of the crown, he should be glad, on 
all occasions, to show a tender re^c^ard for the privileges, 
happiness and liberties of the people, not being appre- 
hensive, that they were in the least inconsistent with one 



1737] THE SECOND. 25 

N. 

another. The address of the upper house echoed the 
sentiments in the speech; the members did not, how 
ever, all approve of it; two out of six, Cullen Pol- 
lock and Edward Moseley, prayed leave to enter their 
protest against the address, but the house did not allow 
it. The address of the lower house has not reached us, 
it is believed to have been of a different complexion; 
both houses continued in session during three weeks, 
withoutany bill of importance being introduced. On the 
12th of October, the governor came to the upper house, 
and sent a message to command the attendance of the 
lower; they declined coming up, and the message was 
reiterated, without success. The governor then pro- 
rogued the legislative body, without having had any 
bill presented for his assent. 

A considerable contraband trade was carried on by 
the British American colonies, with the Spanish do- 
minions; remonstrance having been often made, with- 
out success, the court of Madrid increased their guar- 
das costas, and the most rigorous orders were given to 
the officers commanding tliem. In consequence of 
these, British vessels were often stopped, carried into 
Spanish ports, sometimes detained for examination, 
and at others condemned. A committee of the mer- 
chants of London, trading to America, presented a pe- 
tition to the king, beseeching his interference in this 
respect. 

With a view to give encouragement to British man- 
ufactures, parliament passed a statute requiring every 
vessel, built in America, to be supplied, on her first 
sailing out, with a complete suit of sails, made of Bri- 
tish sail cloth 

N. CARO. II. 4 



26 CHAPTER [1738 

This year, commissioners appointed by the legisla- 
tures of North and South Carolina, began to run the 
dividing line between the two provinces. The king 
had fixed its beginning at the north-east end of Long 
bay, and directed it to run thence, north- west wardly, to 
the thirty-fifth degree of north latitude, and thence, 
west wardly, to the south sea. It was run to the dis- 
tance of sixty -four miles, and it was agreed that the eas- 
tern and northwestern frontiers of the lands of the Ca- 
tawbas and Cherokees, should, till the line was further 
extended, be considered as the dividing line of the pro- 
vinces. 

The extension of the population of the province, to* 
wards its southern boundary, and the width of Albe- 
marle sound, rendering the attendance of the members 
of the legislature at Edenton, inconvenient, the general 
assembly was convened at Newbern, on the sixth of 
March. 

A poll tax of five shillings per head on all the tithe- 
able inhabitants of the province was granted to the 
king, and regulations were adopted to prevent frauds in 
the assessment and collection of taxes. Two thousand 
pounds sterling were appropriated for the building of a 
jail and also, an office, for the safe keeping of the records 
of the general court, in the town of Edenton, and for 
the repairing the court-house; circuit courts were ap- 
pointed to be holden in the town of Newbern and 
village of Newton, on the river of Cape Fear. An act 
was passed for providing a rent roll and securing the 
king's rents, for the remission of the arrears of quit 
rents, for quieting the inhabitants in their possessions, 
and for promoting the better settlement of the province; 
k was, however, repealed by the king's order in council. 



i738] THE SECOND. 2.T 

The population of the province having much increased, 
and btm^ spread through a vast territory, often in dis- 
tinct settlements, scattered at a great distance from each 
other, and sometimes separated by a trackless wild, the 
inconvenience of having the fiscal affairs, and the minis- 
terial duties in the judicial department, under the direc- 
tion of a single individual, began to be severely felt. 
His deputies not only often neglected, but at times ab- 
solutely refused, to perform their duties; their con- 
duct in many other respects, occasioned great murmurs, 
discontents and a delay of justice, greatly injurious 
to the tranquility and prosperity of the province. This 
evil was remedied by the abolition of the office of pro- 
vost marshal of the province, which Robert Helton, a 
member of the king's council, had held since the arrival 
of governor Burrington: the loss which this gentleman 
was to sustain, by the abolition of his office, was com- 
pensated by a sum of two thousand pounds sterhng. 
The primary division of the province, into the three 
counties, Albemarle, Bath and Clarendon, was abo- 
lished, and the precincts were denominated counties; 
a sheriff was directed to be appointed in each, chosen by 
the governor out of three persons, recommended by 
the county court, out of their own body; the office 
was made biennial. Provision was made for facilitating 
the navigation of the principal rivers, for placing buoys 
and beacons in the main channels, and procuring skilful 
pilots; regulations were adopted for the preservation 
of game, and the destruction of vermin; a town was 
established on the west side of Matchapungo river, in 
the county of Hyde and called Woodstock. 

As the sovereigns of Great Britain and Spain, were 
both anxious lor peace, their differences were soon ad- 



2a CHAPTER. [1739 

justed, and a preliminary treaty was signed in London, 
on the 9th of September, Spain agreeing to pay ninety- 
live thousand pounds sterling, as a compensation for 
the depredations, committed by her subjects on the com- 
merce of Great Britain in America. Whether the Span- 
ish minister had deviated from his instructions, or whe- 
ther, as is more likely, the cabinet of Madrid, seeing the 
facility with which that of London had yielded to an ac- 
commodation, repented of its too easy concession, and 
sought to obtain better terms, Philip, in ratifying the 
treaty, insisted, as an indispensable condition of his sig-* 
nature, that the sum of sixty-eight thousand pounds 
sterling, which were due him by the British company 
of the Assiento, should be accepted in part of that, stipu- 
lated by the treaty. 

The court of London complained of this condition, 
as an infidelity ; and after the reproaches usual on such 
a circumstance, a new negotiation was begun on the 
10th of January : it concluded by a vague agreement, 
that in case the companv of the Assiento should not sa- 
tisfy the Catholic king, he would be at liberty to sus- 
pend their privilege, and four days after, a treaty was 
signed at the Pardo, by which it was agreed, that until 
measures could be taken to conciliate the interest of the 
two nations, and ascertain the true boundary between 
the provinces of South Carolina and Georgia, and that 
of Florida, all acts of hostility should cease in America, 
and that neither the Spanish nor the English would erect 
any fortification on, or occupy any new part of the dis- 
puted ground : the king of Spain promised to pay eighty- 
five thousand pounds within four months, and the king 
of Great Britain to satisfy the claims of his subjects on 
Spain, for spoliation. These terms excited a genera! 



1739] THE SECOND. 29 

indignation in England ; the merchants exclaimed against 
the smallness of the sum, and the nation, trusting on her 
strength, hoped to be able to reduce Spain to allow a 
continuance of what she called an illicit trade. Parlia- 
ment, biassed by the general wish, seemed disposed to 
contest the prerogative of the crown, in making peace 
or war. 

The ministry, intimidated, discovered no other means 
of calming the public mind, than a seeming dereliction of 
the treaty of the Pardo : they suffered to remain in the 
Mediterranean, the fleet which had been agreed to be 
withdrawn, and instead of giving orders for the suspen- 
sion of hostilities in America, dispositions were made 
for sending new forces thither. As every thing announced 
an approaching war, Philip was in no hurry in making 
the stipulated payment, and George, pleased with a pre- 
tence to gratify his subjects, complained of an infraction 
which was so welcome to him, and pretending great 
anger, granted letters of marque against Spain. 

No business of importance came before the general 
assembly, which was convened at Newbern, earlv in the 
year. Newton, a small village, conveniently situated 
near the confluence of the two branches of Cape Fear 
river, where several merchants and tradesmen had set- 
tled, invited by the depth of the water, which allowed 
the approach of vessels of considerable burden, was 
now established as a town, and the name of it altered to 
that of Wilmington, in compliment to the earl of Wil- 
mington, the nobleman to whose protection, it has been 
observed, governor Johnston was chiefly indebted for 
his office. The privilege of sending a member to the 
lower house of the legislature was extended to the new 
town : the collector and naval officers of Port Bruns- 



30 CHAPTER [1740 

wick, the clerk of the court, and the register of the 
county of New Hanover, were directed to remove their 
offices thither. 

A formal declaration of war against Spain, was signed 
by the king on the 19th of October, and four days after 
was proclaimed with great solemnity throughout the 
city of London. Admiral Vernon was sent to take the 
command of a squadron on the West India station, 
with orders to act offensively against the Spanish do- 
minions in that quarter, and governor O.^iethorpe was 
directed to annoy the subjects of Spain in Florida, by 
every means in his power : he immediately determined 
on an expedition against St. Augustine, and communi- 
cated his design to lieutenant governor Bull of South 
Carolina, and governor Johnston. The former laid 
the plan before the legislature of his province, which was 
then in session : they voted one hundred and twenty 
thousand pounds, for the service of the war, and a regi- 
ment of four hundred men was raised, partly by gover- 
nor Bull in that province, recruits being made in North 
Carolina under the auspices of governor Johnston, and 
in the province of Virginia under those of governor 
Gooch; colonel Vanderdussen was appointed to the 
command of this regiment. Indians were sent for from 
the different tribes in alliance with the British, and Vin- 
cent Price, who commanded the ships of war on this 
station, furnished four twenty gun ships and two sloops. 
Governor Oglethorpe, having appointed the mouth of 
St. John's river for the place of general rendezvous, re- 
turned to Georgia, and, placing himself at the head of 
his own regiment, on the 9th of May passed over to 
Florida ; on the following day he infested fort Diego, 
at the distance of twenty. five miles from St. Augustine ; 



1740] THE SECOND. ^1 

after a short resistance, the commanding officer capitu- 
lated, and lieutenant Dunbar, being left in the fort with a 
small garrison, the governor proceeded to the place of 
rendezvous, where he was joined by colonel Vander- 
dussen's regiment, and a company of Highlanders under 
captain Mlntosh : but, before this time, six Spanish half 
galleys with long brass nine pounders, and two sloops 
laden with provisions, had arrived at St. Augustine, and 
the army, now consisting of a little more than two thou- 
sand men, regulars, provincials and Indians, mov^ed to fort 
Moosa, within two miles of St. Augustine. On its 
approach, the garrison abandoned the fort and retreated 
into the town ; the goveanor burnt the gates of the fort, 
made three breaches in its walls, and advanced towards 
the town and castle ; he soon discovered that an attack 
by land upon the town was impracticable, and that an 
attempt to storm the castle would be precarious and 
dangerous ; the enemy was too well prepared to receive 
him ; during his stay at Fort Diego, they had drove all 
the cattle from the woods around the place, into the 
town ; the garrison consisted of seven hundred regulars, 
two troops of horse, besides the militia of the province, 
two companies of armed negroes and some Indians. 
The castle, built of soft stone, had four bastions, a cur- 
tain sixty yards long, and a parapet nine feet thick ; the 
rampart, which was twenty feet high, was casemated un- 
derneath for lodgings, arched over, and newly made 
bomb proof; fifty pieces of cannon, a number of them 
twenty-four pounders, were mounted ; the town was, 
besides, entrencl)ed with ten salient angles, on each of 
which some small cannon were placed. 

In these circumstances, it was resolved, with the as- 
sistance of the ships, to turn the siege into si blockade. 



32 CHAPTER [1740 

and shut up every channel by which provisions could 
reach the garrison. Accordingly, colonel Palmer, with 
ninety-five Highlanders and forty-two Indians, was left 
at fort Moosa, and directed to scour the woods and in- 
tercept all supplies from the country by land ; colonel 
Vanderdussen, with the Carolina regiment, was sent to 
take possession of point Quarsel, about a mile distant 
from the town, and erect a battery ; while the governor, 
^vith his party and the greatest part of the Indians, land- 
ed on the island of Anastasia ; hence he resolved on 
storming the town ; captain Green, with one of the 
ships, guarded the passage by the way of the Matanzas, 
and with ihe rest the mouth of the harbor, so as to cut 
off all supplies by sea; batteries were erected on the 
island, and cannon mounted. These dispositions being 
made, the governor thought himself in a situation to 
summon the place to surrender, but the Spanish com- 
mander returned for answ^er, he would gladly shake 
hands with him in the castle. On this, the governor 
opened his batteries against the castle, throwing at the 
same time a number of shells into the town : his fire 
was spiritedly returned from the castle and half galleys, 
but the distance wsls so great, that though the cannon- 
ade was continued on both sides for several days, very 
little execution was done. It ^vas thought of destroy- 
ing the half galleys by a nightly attack, but on sounding 
the bar, it appeared impracticable to employ the large 
ships, and the galleys being covered by tha cannon of the 
castle, to send small vessels on this service appeared too 
rash. A detachment of three hundred Spaniards sallied 
out and surprised colonel Palmer's party at fort Moosa, 
and cut them almost entirely to pieces : some of the 
Chickasaw Indians, in escaping, met with a Spaniard, 



8740] THE SECOND, S3 

and according to their mode of warfare, cut off his head, 
brought it to the camp and presented it to governor 
OiTlethorpe : he called them barbarous dogs, and angrily 
bid them be gone. This treatment, more humane thaa 
politic, exasperated the Indians, who loudly complained 
of it, observing, that if one of them had carried the head 
of an Englishman to the Spanish commander, he would 
have been differently received. The vessels stationed 
at Matanzas being ordered off, some small vessels 
from Havana, with troops and provisions, passed 
through that small channel to the relief of the garrison : 
some Spanish prisoners, taken soon after, reported, that 
this reinforcement consisted of seven hundred men, and 
the supply of provisions was ample. 

The governor now despaired of forcing the place to 
surr^rrler: his men were dispirited by sickness, enfee» 
bled by heat and fatigued ; his Indians grew trouble- 
some, the navy was short of provisions, and the season 
cf hurricanes was approaching. Any farther attempt 
appearing hopeless, the siege was raised, and the gover- 
nor reached Frederica on the 10th of July, 

At the meeting of the legislature, on the 21st of Au- 
gust, in the town of Edenton, governor Johnston com- 
municated to the two houses the instructions which he 
had lately received, to enlist men in the king's servicCp 
and to apply to the legislature for aid, it being expect- 
ed that the troops, thus raised, would be at the expense 
of the province, transported to the West Indies, to join 
other troops sent thitlier, on an intended expedition 
against the Spaniards, and pressed them to manifest 
their loyalty and duty to their sovereign, by a cheerful 
compliance with his desire : he added, that in compli- 

N. CARO. lu 5 



34 CHAPTER [1740 

ance with his instructions, he had already enlisted four 
hundred men. 

The lower house readily consented to the measure, 
and early entered on the consideration of the means by 
which a fund could be raised for this service. The po- 
verty of the people and the great scarcity of a circula- 
ting medium rendered it impossible to collect a sum of 
m.oney, sufficient for this purpose : a levy in the com- 
modities of the country appeared to be the only effec- 
tual expedient : accordingly, a poll tax of three shillings 
proclamation money was laid, to bfe paid in tobacco, 
rice, Indian dressed skins, beeswax, tallow, pork and 
beef: the inhabitants of that part of the province, hereto- 
fore called Albemarle county^ were allowed to discharge 
it at their option, in bills of credit, at the rate of seven 
pounds ten shillings for one pound in proclamation 
money. 

As the extreme scarcity of money rendered it diffi- 
cult to pay taxes, and as the bills of credit in circulation 
were to cease to be current within four years, the facili- 
ty of paying in the same commodities was extended to 
the discharge of taxes, fines and forfeitures. Ware- 
houses, for receiving the commodities were directed to 
be built in each county. 

With a view to give greater encouragement to settlers 
in the American provinces, an act of parliament was this 
year passed, extending all the privileges of natural sub- 
jects, in the colonies, to such aliens, who, after a resi- 
dence of seven years, should take the oaths of abjuration^ 
and fidelity and receive the sacrament, in some protest- 
ant or reformed congregation. The statute excuses 
Quakers and Jews from the last formalitv. 



17411 , THE SECOND. 35 

The statute, allowing bounties on the importation into 
Great Britain of naval stores, masts, &c. from the Ame- 
rican provinces, which was about to expire, was con- 
tinued for the further period of ten years. 

In April, 1740, the merchants of Great Britain, 
trading to America, complained to the house of 
commons, of the inconvenience and discouragement 
brought on the British commerce, in America, by 
the excessive quantities of paper money then issued, 
and the depreciated condition thereof, for want of 
proper funds to support its credit. The house, by 
way of palliation, addressed the throne, to put a 
temporary stop to the evil, by instructing the gover- 
nors not to give their assent to any further laws of 
that nature, without an express proviso, that it 
should not take effect, until the king's approbation 
was first obtained. 

Early in the following year, the four hundred men en- 
listed in the province were transported to Jamaica : 
they were embarked there on board of the fleet, under 
the orders of admiral Vernon. This expedition had not 
the success w^hich was expected, and which the superi- 
ority of the forces, employed, seemed to promise. In 
the month of March, the British troops possessed them- 
selves of near all the forts and batteries which defended 
the harbor of Carthugena, and on the 9th of April, a 
grand attack was made on fort St. Lazarus : it however 
proved unsuccessful. This misfortune, being followed 
by a great mortalitv among the officers and soldiers, the 
siege was raised and the troops re -embarked on die 16th. 
However, all the castles and forts which guarded the 
harbor were demolished ; six ships of war, as many gal- 
Icons, and all the other ships in the harbor, were burnt 



m CHAPTER ' [174$ 

or destroyed, and many hundred guns carried away or 
rendered useless. 

The legislature met at Edenton early in the spring ; 
its attention was taken up by objects of internal policy. 
The county of Edgecombe, which had been erected by 
an order of governor Burrington in council, was con- 
firmed by law ; a town was established on Mittam point, 
on the south side of New river, in the county of Ons- 
low, to which, in compliment to the governor, the name 
of Johnston was eiven ; an ecclesiastical division of the 
province into fourteen parishes took place, and the elec- 
tion of churchwardens and vestrymen was regulated ; pro- 
vision was made for the erection of churches and procu- 
ring ministers ; an act was passed, accurately defining 
the rights and duties of master and servant, for the ap- 
prehension of fugitives, and the trial and punishment of 
slaves, and some restraint was laid on the emancipation 
of them. 

Few sessions of the legislature had ever been pro- 
ductive of so many useful acts ; laws were made con- 
cerning marriages ; to prevent usury ; to ascertain the 
damages on foreign bills ; for the suppression of immo- 
rality : jvthe improvement of roads and inland navigation ; 
to prevent the stealing of cattle, boats and canoes ; the 
regulation of weights and measures ; the speedy and 
cheap trial of small causes ; the regulation of taverns 
and restraint of tipphng houses ; and the relief of pri- 
soners. 

The setdements on Cape Fear river had become 
so considerable, that in the latter part of this year, 
the legislature was convened at Wilmington : the ses- 
aon was but of short duration : the county of Bertie 
was divided, and the upper part of it established as a 



1742] THE SECOND. 37 

new county, to which the name of North Hampton was 
given ; an agt was passed for establishing ports, or places 
of delivery and shipping of merchandize, imported or 
exported; and to prevent the clandestine running of 
goods, which was soon after repealed, experience having 
shown, that its effect was to drive a considerable part of 
the trade from the province to Virginia. 

Disturbances occasioned, in Massachusetts, by the 
abuses introduced by a banking company, in that pro- 
vince, induced parliament to pass a statute, prohibiting 
the establishment of banks, in the British colonies, on 
the continent. 

Although the territory granted, by the second charter 
of Charles II., to the proprietors of Carolina, extended 
far to the south west of the river Alatamaha, the Span- 
iards had never relinquished 'heir claim to the province 
of Georgia : their embassador at the British court, had 
even declared, thai his master would as soon part with 
Madrid. Admiral Vernon had so much occupied their 
attention, in the West Indies, that they had not been 
able to bestow much of it on the recovery of that pro- 
vince. But, as soon as the admiral returned home, they 
began their preparations for dislodging governor Ogle- 
thorpe, With this view, don Antonio de Rodondo, 
embarked at Havana, with two thousand men, under 
the convoy of a strong squadron: the expedition reached 
St. Augustine in the month of May. 

Governor 0;^lethorpe, having had early information 
of their approach, sent to governor Glen, of South Ca'*- 
ollna : in the meanwhile, he made every preparation at 
Frederica, for a vigorous defence; and his Indian allies, 
who were greatly attached to him, soon crowded to his 
camp ; and a com[any of Highlaiidcrs joined him, at the 



38 CHAPTER [1742 

first notice. The inhabitants of the southern part of 
the province of South Carolina, deserted their habita- 
tions, and, instead of joining the forces in North Car- 
olina, flocked to Charleston, with their families, 
slaves, and most valuable effects. It was then de- 
termined to fortify the town, and abide in a posture of 
defence. A want of confidence, in governor Ogle- 
thorpe's military talents, produced by his unsuccessful 
expedition against St. Augustine, recommended this 
measure. It was not thought, that, on the event of the 
governor being crushed, the reduction of Georgia would 
open an easy access to the enemy, into the heart of South 
Carulina, the force of the two provinces, becoming, by 
its division, unequal to the defence of either. 

In the latter part of June, thirty-two sail, under the 
orders of do a Manuel de Montanio, brought don An- 
tonio de Redondo, and his two thousand men, rein- 
forced with one thousand more from St. Augustine. 
The fleet anchored off" Simore's bar and came in with 
the tide, into Jekyl sound. Governor Oglethorpe, who 
was at Simore's Fort fired at them as they passed : they 
returned his fire, and proceeded up the river Alatamaha, 
out of the reach of his guns. Among their forces, was 
a regiment of negroes, the officers of which, decked in 
lace, bore the same rank as the white officers, and, with 
equal freedom and familiarity, walked and conversed 
with the commander in chief. This circumstance was 
calculated to alarm the inhabitants of South Carolina, 
where, there being so many negroes, this regiment would 
soon have acquired such a force, as might have baffled 
every opposition. Unable to stop the progress of the 
enemy, the governor spiked the guns, burst the bombs 
and cohorns, destroyed his stores, and retreated to Fred- 



1742J THE SECOND, 39 

erica. The enemy was too strong to warrant his acting 
otherwise, than on the defensive. He sent out strolling 
parties, to watch the motions of the Spaniards, while he 
employed his main body on the fortifications. At night, 
his Indians were employed, ranging through the woods, 
and harrassing the Spanish outposts. They brought 
him five prisoners, by whom, he became acquainted 
with the extent of the force against him. Stiil expecting 
assistance from South Carolina, he exerted all his ad- 
dress in gaining time, and keeping up the spirits of his 
garrison. For this purpose, the Highlanders were de- 
spatched to reinforce the Indians, and assist them in ob- 
structing the approach of the enemy. His principal 
force did not amount to seven hundred men. 

The enemy made several attempts to pierce through 
the woods, but met with such opposition from deep mo- 
rasses and dark thickets, lined with fierce Indians and 
wild Highlanders, that they honestly confessed, the devil 
himself could not pass through them, to Frederica. 
Don Manuel, however, had no other prospect left : one 
party was sent after another, to explore the thickets, and 
occupy every advantageous situation. In two skir- 
mishes, with the Highlanders and Indians, the enemy 
had one captain and two lieutenants killed, and one hun- 
dred men taken prisoners. The Spanish commander 
now altered his plan, and, keeping his meii under cover 
of his cannon, proceeded, with some galleys, up the river, 
with the tide, to reconnoitre the fort, and draw the go- 
vernor's attention elsewhere. A party of Indians was 
sent to lie in ambuscade and prevent the landing of the 
Spaniards. Governor Oglethorpe, having learned from 
an English prisoner, who eflfected his escape, that differ- 
ences had arisen to such a height in the Spanish army, 



40 CHAPTER [1142 

that the forces from Cuba, and those from St. Ausjus^ 
tine, encamped in different places, determined on a sur- 
prise of one of the camps ; and, availing himself of his 
knowledge of the woods, marched out in the night, with 
three hundred chosen men, the Highland company and 
some rangers : he halted at the distance of two miles, 
and taking with him a small party, drew closer, to ob- 
serve the position of the enemy. At this moment, while 
every thing depended on the concealment of his ap- 
proach, one of his party fired his musket, ran off 
and alarmed the Spaniards. This treachery disconcert- 
ing his plan, the governor brought back his party to 
Fredt-rica. With a view to prevent any credit to the 
report of the deserter, by whom he apprehended his 
weakness would be made known to the Spanish com- 
mander, he wrote a letter to this man, desiring him to 
represent Frederica to the Spaniards, as a weak and de- 
fenceless port, and induce them to come and attack it; 
but, if he could not persuade them to this, to use every 
possible artifice, to induce them to stay at least three 
days more where they were, as advices were received, 
that, within that time, two thousand men would arrive 
to the refief orG:orgia, from South Carolina, with six 
ships oi the line; and, above all, urged him to conceal 
from the Spaniards, the approach of the British fleet to 
St. Augustine,, promising him the highest reward, if he 
acted his part well. This letter he gave to one of the 
Spanish prisoners in his camp, who, for the sake of ob- 
taining his liberty, undertook to give it to the deserter, 
instead of which, agreeable to the governor's expecta- 
tion, he placed it in the hands of his commander. 

This letter gave rise to various conjectures: the 
Spanish general had the deserter put in irons, and called 



1742] THE SECOND. 41 

a council of war, to determine on the proper steps to 
be pursued. Some of the officers were of opinion, the 
letter was written with a view to its being intercepted 
and to prevent the attack on Frederica: others, on the 
contrary, thought tlie contents of the letter very pro- 
bable, and recommended the dropping of a plan, which 
was attended with so many difficulties, and the issue of 
which hazarded, not only the loss of the army and the 
fleet, but that of the whole province of Florida. Du- 
ring this deliberation, three ships of war, which gover- 
nor Glen had sent out, came in sight. This accident, 
corresponding with the letter, convinced the Spanish 
commander that it was no fiction ; and the army was 
struck with such a panic, that they immediately set fire 
to their works, and embarked in great hurry and con- 
fusion, leaving behind several cannon and a quantity of 
military stores. The wind prevented the British ships 
from beating up the river, and, before the morning, the 
invaders passed them and escaped to St. Augustine. 

This attack on a neighboring province, notwithstand- 
ing its faikire, manifebttd the necessity which there was, 
for the rest of the provinces to place themselves in a 
situation to repel invasion. France could not be ex- 
pected, much longer, to retain her neutrality. The 
natural alliance, which subbisted between the princes 
who filled the French and the Spanish thrones, forbade 
the belief, that Great Britain micr^it lone; carrv on the 
war against one of them, without his being openly 
supported by the other. Indeed, Great Britain and 
France observed each other, and each expected, ihat the 
other would soon begin the contest. The northern 
provinces were prepared to meet the foe. Every forti- 
fied pluce had been repaired and improved: the militia 

N. CARO. II. 6 



42 , CHAPTER ^ [1743 

were training, and no measures were neglected, to place 
the country in a state of defence. In Europe, great pre- 
parations were made every where. The arsenals of both 
nations were full of workmen, and, although each sove- 
reign held out, as the ostensible object of his move- 
ments, the support of one of the personages, who was 
contending for the imperial diadem, each contemplated 
the probability of soon using the means, which were 
providing, in a different undertaking. 

In opening the next session of the legislature, on the 
2d day of April, in the town of Edenton, governor 
Johnston endeavored to impress upon the house the ne- 
cessity of making preparations, against the impending 
danger. His representations, however, were not of 
much avail: they intended, only to procure an act for 
erecting magazines, in the several counties. 

The election of members of the legislature, was regu- 
lated at this session: the qualifications, required from the 
electors, were a freehold of fifty acres, and six months' 
residence in the county. Those of the elected were a 
freehold of one hundred acres, and twelve months' resi- 
dence. The suffrages were to be given by ballot. 

The statute, allowing a bounty on the importation of 
naval stores, from the American provinces, being nearly 
expired, was, this year, continued for the term of seven 
years. 

Tliree thousand families, at an immense charge to 
government, were transported into Nova Scotia at once, 
and three regiments stationed there, to protect them 
from the Indians. 

In the following year, John, lord Carteret, afterwards 
earl of Granville, presented a petition to the king, pray- 
ing that the eighth part of the original province of Caro-_ 



i744] THE SECOND. 4?5 

lina, reserved to him by the act of parliament, establish- 
ing an agreement with the other seven lords proprietors, 
for the surrender of their interest to the crown, mip-ht 
be set apart, offering to resign his interest in the govern- 
ment and his title to the other seven eighths. The pro- 
position being accepted by the crown, five commission- 
ers were appointed by each party, for making the divi- 
sion. The territory allotted to him was bounded on 
the north, by the line separating the provinces of Virgi- 
nia and North Carolina; on the east, by the Atlantic 
ocean; and on the south, by a line, drawn westward, 
to a point on the sea shore, in latitude thirty-five de- 
grees and thirty -four minutes, and, agreeably to the 
charter, on the west, by the Pacific ocean. Shortly 
after, a grant of the eighth part of Carolina, together 
with all yearly rents and profits arising from it, to John, 
lord Carteret, and his heirs, passed the great seal ; but 
the power of making laws, calling and holding assem- 
blies, erecting courts of justice, appointing judges and 
justices, pardoning criminals, granting titles of honor, 
making ports and havens, taking customs and duties on 
goods, executing martial law, exercising the royal 
rights of a palatine, or any other prerogatives relating to 
the administration of government, v/ere excepted, out 
of the grant; the whole was to be holden on the payment 
of thirty-three shillings, and four pence, yearly, forever, 
with one fourth of all the gold and silver ore. 

With a view to encourage the colonists, to fit out 
privateers, the provincial courts of vice admiralty were 
authorized to take cognizance of prize causes, and con- 
demn vessels, by a statute of this year. 

Chalmers — History of South Carolina — Records. 



CHAPTER III 

In the summer of 1744, account? were received 
that France had formally declared war against 
Great Britain. This was only the addition of a 
ceremony, and the French governor, at cape Bre- 
ton, having received previous information of the 
intention of his sovereigii, look early measures to 
attack the British fishery at Canseau. The island 
was taken, and its garrison and in jabitants made 
prisoners of war, on the 13th of May. This suc- 
cess encouraged an attempt on A- napolis, but a 
timely reinforcement, from the province of Massa- 
chusetts, occasioned its failure. 

An avowed state of war drew the attention of 
the legislature to the unprotected and defenceless 
condition of the ports. The river of Cape Fear, 
from its known depth of water, seemed to invite 
insult and invasion. This induced the legislature, 
which sat in Nevvbern, on the 2d of April, 1745, to 
order the erection of a fortification on the south 
bank of that river, near its mouth, sufficiently large 
to contain twenty-four pieces of cannon, with bar- 
racks and other conveniencies. This was soon af- 
ter effected, and the work was called Fort Johnston, 
in honor of the chief magistrate, with whom the 
proposition had originated. 



1746] CH'APTER. 45 

The protection thus aflfortled to this part of the 
country, ami the trnde of the river, which consisted 
chiefly in rice, naval stores and lumber, commodi- 
ties of great bulk, requiring larger vessels than 
could conveniently reach the wharves of Wilming- 
ton, the village of Brunswick, which lay nearer to 
the sea, was believed to be a spot, which in time, 
would become the site of a an Important maritime 
town; with the view to aid its further settlement, it 
was by law, established as a town. The experi- 
ence of nearly half a century has not added its 
sanction, to the idea of its future sjrandeur. 

In the meanwhile, prince Charles Edward, grand- 
son of James II., made an attempt to ascend the 
throne of his a?icestors. He embarked on the 12th 
of June, on board of an eighteen gun frigate, with- 
out hiving acquainted the court of France, with 
his views, with no other preparations to conquer 
three kingdoms, than seven officers, eighteen hun- 
dr 'd sabres, twelve hundred firelocks and twelve 
thousand louis d'or, which he had borrowed, and 
not one private soldier. He landed in the south- 
west of Scotland, where the inhabitants rose in his 
favor, and a piece of laffeta, which he had brought 
from France, serving for their royal standard, was 
shortly surrounded by fifteen hundred men. He 
led them to the town of Perth, of which he took 
possession: here a fev/ Scotch lords joined him; and 
the army, a few days after, entered Edinburgh; 
from thence he proceeded to Pressonpans, where lie 
obtained a signal victory over an army of English- 
men and made as many prisoners as he had sol- 
diers. Carrying all before him, as far as Carlisle. 



46 CHAPTER [1745 

he advanced within ninety miles of London, his 
force being swollen to eight thousand: meeting a 
second British army at Falkirk, he gained a second 
victory, and a third on the next day: but at last he 
received a total overtlirow at the battle of Cullo- 
den, within a few leagues of Inverness, and his 
whole army was dispersed. His subsequent adven- 
tures resembled those of his great grand father, 
Charles II. after his defeat at Worcester; wander- 
ing from place to place, destitute of all succour, 
skulking in forests, shifting from cavern to cavern, 
flying to desert islands, distressed for want of food 
and raiment, and closely pursued by those who 
thirsted after hia blood, for the sake of a pecuniary 
reward, offered by the person who occupied his 
father's throne. He at last eluded their pursuits by 
a flight which added to his ^lory. 

In the spring of this year, a trader of New Eng- 
land {>roposed to his countrymen, a plan for taking 
Louisburg, the chief city of the island of cape Bre- 
ton. Tne proposal was generally approved, and 
money was raised by a lottery, for the purpose of 
raising four thousand men. This force was armed, 
provisions and transports were obtained by volun- 
tary contributions; the command of it was given to 
colonel Pepperel, a merchant of Boston. The ex- 
pedition embarked on the 24th of March, and arriv- 
ed at Canseau on the 4th of April, where they were 
joined by a small reinforcement from JNew Hamp- 
shire. On the 23d, commodore Warren arrived 
with a small squadron; soon after, the troops em- 
barked, and the naval force went to cruise off Lou- 
isburg. The landing was effected with some loss, 



1746] THE THIRD. 41; 

and in the course of the night, Vaughan, with a bo- 
dy of four hundred men, marched round to the 
northwest part of the harbor, and set fire to a num- 
ber of warehouses, containing spiritous liquors and 
naval stores. The thick smoke, driven by the wind 
on the principal battery, disabling the defenders of 
it to distinguish objects, even at a small distance, 
favored the idea which they entertained, of the 
magnitude of the assailant force, induced them to 
abandon the fort, and seek refuge in the town. In 
the morning Vaughan, with thirteen men only, en- 
tering the battery, defended it until a reinforcement 
came to his support. While these approaches 
were making by land, the ships cruised off the har- 
bor, and captured a ship of war, having on board a 
reinforcement of men and stores, for the besieged 
garrison. Soon after, an unsuccessful attempt was 
made on the island battery, in which sixty men were 
killed and one hundred and sixteen made prisoners. 
Works were erected on a high cliff, at the light- 
house, which much annoyed the island battery: 
preparation were making for a general assault, 
w^hen the town surrendered on the forty- ninth day 
of the siege. On the IGth of June, the whole island 
was in the possession of the besiegers. 

The legislature, in the course of this year, sat at 
Ncwbern in June, and at Wilmington in December; 
both sessions were short. Attempts were made to 
put the militia in a situation to be of some service; 
the counties of Craven and Edo'ecombe were divid- 
ed, the western part of the former was erected into 
a new county, to which the governor's name was 
given, and the northern part of the latter, into ano- 



48 CHAPTER [1746 

ther, which, in compliment to the nobleman, owner 
of the soil, was called Granville. Hitherto, the 
northern counties had claimed and enjoyed the pri- 
vilege of sending five members to the lower house 
of assembly, while those of the other parts of the 
province, all of which were much larger, and many 
of them of a much greater population, sent but two. 
This distinction was abolished; every county was 
declared entitled to the latter number and no more. 
The right of the towns of Edenton, Bath, Newbern 
and Wilmington to one representative each, was re- 
cognized. The speaker and fourteen members 
were declared a quorum. 

The extension of population, towards the south- 
ern and weste n parts of the provincf, leaving the 
town of Edenton at a considerable distance from 
the center of the settled part of the province, the 
supreme court of judicature, was removed from 
thence to the town of Newhern. A new court law 
was passed: the general court was comr osed of a 
chief and three associate justices. Courts of oyer 
and terminer, assizes and nisi prius were to be hol- 
den at Edenton, Newbern, Wilmington and at the 
court house of the county of Edgecombe. The 
court of chancery was also directed to be holden 
at Newbern, and the secretary of the province to 
remove his office thither. 

In the latter part of the year, the leaders of the 
adherents of the unfortunate prince Charles Ed- 
ward, having perished on the scaffold, a general 
pardon passf d the great seal, exempting from trial 
and punishment nineteen individuals out of twenty 
among the rest, on their being transported to Ame- 



17471 THE THIRD. 49 

rica: th^y drew lots for this purpose. They were ac- 
companied by a number of others, who, though they 
had not taken up arms, favored the prince's cause, 
and voluntarily shared the exile of their countrymen. 
A cons derable number of them came to North Car- 
olina, settled on Cape Fear river and formed the 
settlement in the middle of which the present town 
of Fayetteville now stands. 

The provincial laws were in the hands of the in- 
habitants, on loose manuscript sheets, forming a 
chaos, from which information could only be obtain- 
ed at the expense of much time and drudgery. To 
remedy this evil, the legislature, at their next ses- 
sion, appointed four commissioners to revise the 
code and print such acts, as were in form and use. 
This measure had been hitherto recommended in 
vain by governor Johnston, since his arrival, and 
had been long and earnestly desired by the friends 
of order. The commissioners, appointed, were 
chief justice Hall, Edward Moseley, Samuel Swann, 
the speaker of assembly and Thomas Barker, an 
eminent attorney. The contingent fund being in- 
sufficient to meet the expense of this publication, 
a duty of three pence was laid on every gallon of 
wine and distilled liquor, and four pence on every 
hundred weij,h of rice, imported from any place 
out of Great Britain, and so scarce was the circu- 
lating medium, that, although bills of credit were 
receivable in payment of this duty, it was thought 
necessary for the colh^clion of it, to authorize the 
receipt of the articles on which it was laid, in pay 
ment. 

N. CARO. II. 7 

/ 



50 CHAPTER [1747 

The statute for the encouragement of the manu- 
facture of British sail cloth, and that allowing the 
direct exportation of rice from the Carolinas and 
Georgia, to the ports to the southward of cape Finis- 
terre, which were now expiring, were continued for 
seven years longer. 

The importation of tea into the American pro- 
vince, without paying the inland duty, was allowed; 
and it being judged, that the cultivation of indigo, 
in the colonies, might be greatly advantageous to 
the trade of the nation, as great quantities w^ere 
used in dying the manufactures of the kingdom, the 
supply of which, being obtained from foreign coun- 
tries, was at all times uncertain and the price fre- 
quently exorbitant, and the plant appearing to thrive 
in the Carolinas, there was room to hope the raising 
of it might, by proper encouragement, be increased 
and improved to such a degree, as not only to an- 
sw^er all the demands of the kins^'s subjects, but 
considerable quantities might also be exported to 
foreign markets; a bounty of six pence per pound 
was granted on all indigo, exported therefrom to 
Great Britain. 

The attention of the legislature, at their next session, 
on the 6th of April, at Newbern, was directed to some 
depredations and insults, committed by the privateers of 
the enemy, in the inlets and such ports of the province, 
as were of easy access: sometimes cutting out vessels 
and carryingjthem away, at others, running up the rivers, 
landing and plundering the plantations. A law was 
passed for erecting fortifications at Ocracock, Topsail 
and Bear inletl and for finishing fort Johnston. To 
defray the expenses of their construction, a grant of 



:748] THE THIRD. 51 

twenty-one thousand three hundred and fifty pounds was 
made to the king, and an emission of bills of credit, to 
the same amount, was directed. The paper currency 
in circulation, denominated Old Proc. was so depreci- 
ated, that it passed at the rate of seven and a half for one; 
it was directed to be exchanged on these terms, and 
the exchange between proclamation money and sterling- 
was fixed at four for three. A poll tax of one shilling 
was laid for the redemption of the bills issued, to con- 
tinue until they were absorbed. Hitherto, the sheriffs 
and ail collectors of the public money accounted and 
paid the balances in their hands, to a committee of the 
legislature: during the bustle of the session, there was 
seldom time for a minute investigation of the accounts 
of the officers who attended; never any to send for those 
who kept away. The consequence of so loose a prac- 
tice, caused the utmost confusion in the fiscal affairs of 
of the colony; a remedy was now attempted to be ap- 
plied to the growing evil. The province was divided 
into two districts, treasurers were appointed, before 
whom, it was made the duty of holders of public money, 
semi-annually to appear, exhibit their vouchers and close 
their accounts. 

The casual emoluments of officers were fixed by a 
new fee-bill. 

With a view to give some encouragement to the tan- 
ning of leather, which was attempted in several parts of 
the province, a law was passed, proliibiting the exporta- 
tion of raw hides and skins. 

At the request of the Tuscarora Indians, who had re- 
mained behind, when the mam body of the nation, early 
in the century, emigrated towards the northern lakes, 
the lands allotted them by the treaty of 1719 were laid 



52 CHAPTER [1748 

out and marked off. All persons were prohibited from 
purchasing any part of them, and the enjoyment of the 
rights of the white owners was postponed until the 
lands were abandoned by the Lidiansj settlers were re- 
moved and all persons inhibited from rangin;^ stock oq 
these lands. 

A rent roll was directed to be made of all the lands, 
holden in the province : such persons, whose convey- 
ances were not already recorded, were required to regis- 
ter them within twelve months, in the office of lord 
Granville, at Edenton, for the northern part of the pro- 
vince, and in that of the auditor general, in the rest of the 
province, or in the office of the register of the county in 
which the land lay ; and all conveyances, in regard to 
which this formality was neglected, wire declared void. 
But all persons who had lost the evidence of their titles, 
having had possession for twenty-one years, on due 
proof, were declared to have a good title against the king 
or earl, paying the highest quit rent in the country : in- 
digo and tobacco were declared a tender, in payment of 
quit rents. 

The fate of the provincial laws, after copies of them 
were transmitted by the governor to England, depending 
much on the report of the king's counsel, appointed for 
the special service of the board of the lords commis- 
sioners of trade and plantation, and the opinion of this 
gentleman being naturally much influenced by the idea 
and information he received of the reasons, circumstances 
and views, with which the act had been passed, most of 
the provinces had found it their interest to have an agent 
in London, whose duty it was to attend the reporting 
council, make such explanations and give such in- 



1748] , THE THIRD. 5S 

formation, as would lead his opinion to a favorable re- 
port, and wait on the board after it was delivered. 

The success of the affairs of a province often materi- 
ally depended on the ability and industry of this agent, 
for the great officers of state would not take the vague 
information of individuals, but transacted all business 
with the provinces, by asking and knowino^ their senti- 
ments, through the means of their agents. Without some 
person of this character in England, their business 
there slept : memorials, addresses and petitions passed 
through his hands : it was his duty to improve every 
opening for the encouragement of the trade of the pro- 
vince that employed him, and to obviate any scheme 
that might hurt it. For this purpose, he was to watch 
the intentions of parliament and transmit early and accu- 
rate information of them to his constituents. The pro- 
vince havins: hitherto suffered from the want of an offi- 
cer of this kind, the trust was now committed to James 
Abercrombie of London. 

Towards the middle of April, the preliminary articles 
of a treaty for a general pacification were signed at Aix- 
la-Chapelle, by the British, French and Dutch plenipo- 
tentiaries ; m the following month, the empress queen, 
king of Sardinia, and duke of Modena acceded to them, 
and soon after, the king of Spain, the republic of Genoa^ 
and the rest of the contending powers. The definitive 
treaty was signed in the month of October : by this in- 
strument the island of cape Breton was restored to 
France. 

Early in November, a number of Spanish privateers 
came up a considerable distance in Cape Fear river, 
and committed great depredations ; one of them 
was blown up, and a number of negroes and some valu- 



64 CHAPTER [1749 

able effects were taken out of the wreck : the proceeds 
of the sales of this property were afterwards applied to 
the building or repair of the churches in the towns of 
Brunswick and Wilmington, in the neighborhood of 
which the injury had been sustained. 

The people, known by the appellation of the Unitas 
Fratrum, or the United Brethren, obtained in the follow- 
ing year, a statute of the British parliament, authorizing 
them to establish settlements in the American pro- 
vinces. 

A printing press was this year imported into the pro- 
vince and set up at Newbern, by James Davis, from 
Virginia : this was a valuable acquisition, for, hitherto 
the want of an establishment of this kind was severely 
felt: the copies of the laws, being all manuscript, were 
necessarily very scarce and it is likely faulty and inac- 
curate. 

With a view to offer employment and an asylum to 
the great number of soldiers and seamen, who were 
discharged from the king's service at the peace, and to 
promote the settlement of the province of Nova jScotia, 
the lords commissioners of trade and plantations offered 
land to them, free from quit rent for ten years, and sub- 
ject afterwards to a yearly rent of one shilling on every 
fifty acres: those who availed themselves of this offer, 
were offered their subsistence during the passage and one 
year after their arrival. The same offers were also held 
out to artificers, useful in building and husbandry. A 
number of people, impelled by this encouragement, emi- 
grated and the town of Halifax was established. 

The legislature, which sat at Newbern this year, held 
three sessions : the calm of peace was improved and 
several important laws were passed : the revisal of the 



IT49] THE THIRD. 55 

acts of the general assembly, completed by Samuel 
Svvann, was offered to the legislature, examined and ap- 
proved. The judges having hitherto often differed in 
opinion, w^ith regard to such acts of the parliament of 
the mother country, which were in force in the colony, 
the question was settled by the authority of the legisla- 
ture, who passed an act containing the title of every 
statute that was recognized as in force and use, and all 
others were declared of no validity ; but, as the mother 
country was not prepared to allow the colonies to shake 
the authority of her parliament over them, the law re- 
ceived the royal disallowance. Provision was made for 
the relief of insolvent debtors, for docking entails of 
small estates. 

The counties of New Hanover and Bladen were di- 
vided, and the western part of the former was erected' 
into a new county by the name of Duplin, and that of 
the latter into another called Ansa, in honor of the late 
circumnavigator of the world. 

A town was established on the north side of Roanoke 
river, in the county of North Hampton, to which the 
name of Hawns was given, from an English barony of 
that name, owned by lord Granville ; the law, authori- 
zing the first erection of a toll bridge, was passed this 
session, and the bridge was soon after built over the 
river Trent ; the grantee's interest was extended to 
twenty -five years. 

The culture of raw silk, in the British American colo- 
nies, was encouraged by an exemption from duly on its 
importation into Great Britain ; the same immunity was 
extended to bar iron, imported into the port of London, 
and pig iron into any port of Great Britain. These ad- 



^ CHAPTER [1749 

vantages were, however, far from being gratuitous ; they 
were more than counterbalanced bv severe restrictions. 
The erection of slit mills and iron furnaces, in any 
part of the provinces, was strictly prohibited ; they were 
declared public nuisances, and the governors were spe- 
cially charged to cause them to be destroyed ; the colo- 
nists were not suffered to extend their works in these 
manufactures even for their own use ; slit mills and steel 
furnaces, heretofore erected, were however permitted to 
stand and be employed. 

The boundary line between the provinces of Virginia 
and North Carolina, had been run from the sea shore to 
Peter's creek, which falls into Dan river, a little belt)W 
the Saura towns : it was now continued, by commission- 
ers appointed by the legislatures of the respective pro- 
vinces, to Holstein river, directly opposite to a place 
called the Steep Rock, a distance of ninety miles and two 
hundred and eighty poles. The commissioners of Vir- 
ginia were Joshua Fay and Peter Jefferson ; those of 
North Carolina, William Churton and Daniel Weldon. 

The greatest injury which France had sustained du- 
ring the war, had fallen on her navy ; she applied herself 
in the calm of peace to repair her loss ; her activity ex- 
cited the apprehension of Great Britain for her com- 
merce and her colonies. There existed, however, be- 
tween these powers, differences in regard to their Ame- 
rican possessions, to which the treaty of Aix la Chapelle 
had not put an end : the boundaries of Nova Sco- 
tia, which the British extended far into Canada, and 
the French restricted to the peninsula between New- 
foundland and New England, and the islands of St. Lu- 
cia, Dominique, St. Vincent and Tobago, of which the 
two nations claimed the property. 



IK 50] THE THIRD. ^ 5*. 

Commissioners were appointed on both sides, who 
met at Paris in the latter part of September, 1750. 

The Moravians or United Brethren, purchased from 
lord Granville a tract of one hundred thousand acres, 
between Dan and Yadkin river, about ten miles to the 
east of the Gold mountain : they gave it the name of 
Wachovia, after an estate of count Zizendorff, in 
Austria. 

The lep:islature met in the town of Newbern, in the 
month of June. Objects of improvement, in the inter- 
nal polity of the province, appear to have engrossed their 
w^hole aitention : inspectors of commodities intended for 
exportation, were now first appointed for the ports of 
Brunswick and VVilminjiton : rice, beef, pork and naval 
stores, were the articles made liable to inspection. The 
pilotage of Cape Fear, which was not yet under any re- 
gulation by law, .became this session an object of legis- 
lative improvemvjnt. 

A duty was laid on wine and spirituous liquor, im- 
ported from South Carolina by land into the county of 
Anson : this is the first instance that occurs, of an inland 
duty ; the legislature were ii\duced to lay it, through the 
desire of checking the growing trade of the province of 
South Carolina with the western country, which dt priv- 
ed the ports on Cape Fear river of almost all the produce 
from the upper parts of the province. 

By a statute of the parliameni, the new style was in- 
troduced into all the king's dominions ; the old compu- 
tation of time was declared to be abolished, aFterthe last 
day of December of this year, and the new year to begin 
on the first of January ; it hitherto began in March ; 
the day following the 2d of September, 1752, was reck- 
oned tht i4'h. omitting eleven days. 

N, CARO. II, 8 



5« CHAPTER [1751 

The attention'of the British legislature was drawn to 
the advantages which the nation was likely to reap, from 
the importation of pot and pearl ashes from the Ameri- 
can provinces : great quantities of these articles vi^ere 
con=. limed at home, in making soap and other manufac- 
tures ', the colonies were encouraged to supply the mo- 
ther country with these articles, by their exemption from 

duty. 

The statutes, allowing a bounty on the importation of 
naval stores, masts, &c. weie continued, and new regu- 
lations introduced. 

The provincial general assembly met in the town of 
Bath,,on the first of March : this is tne only session of 
the legislative body which appears to have been holden 
ihcie. 

A duty was laid on goods sold by pedlars. C(jnside- 
rable injuries having arisen to vessels, from the bvidness 
ol the channels, leading to the ports of Edenton, Bath 
and Newbern, and the insufficiency and neglect of pilots . 
commissioners were established in those ports, whose 
duty it was made to examine and license pilots, to cause , 
the channels to be staked out and to suj^erintend the na- 
vigation. Parts of the counties of Granville, Johnston 
and Bladen, were erected into a new county, which was 
called Orange ; and a town was established on the west 
side of Cashie river, in the county of Bertie, to which 
the name of Wimberly was given, from the owner of 
the ground. 

In the course of this year, was completed the printing 
of the first revisal of the acts of assembly : the multipfi- 
cation of the copies of them, by means of the press, 
was a valuable advantage : it tended to introduce order 
and uniformity in the decisions of courts, and by defi • 



1752] THE THIRD. 59 

nlng the rights of the people, in a degree, put an end to 
the great anarchy and confusion which had hitherio pre- 
vailed, from the ignorance of the people and the magis- 
trates in this respect. The work was handsomely print- 
ed and bound in a small folio volume : a yellowish hue 
of the leather widi which it was covered, proceeding 
from the unskilfulness of the tanner, procured it the 
homely appellation of the Yellow Jacket, which it retains 
to this day. 

The trustees for the province of Georgia surrendered 
their charter to the king on the second of July, in con- 
sequence of which regal government was estabhshed in 
that colony. The provinces of Pennsylvania and Ma- 
ryland were nov/ the only remaining ones, in which a 
proprietary government existed. 

Governor Johnston now died, having presided over 
the province during a period of nearly twenty years. Un- 
der his administration, William Smith, Nathaniel Rice, 
R )bertHolton, Matthew Rowan, Edward Moseley, Cul- 
len Pollock, Edmund Porter, Eleazer Allen, James Mur- 
ray and Roger Moore sat in council. The chief judi- 
cial seat was successively filled by William Smith, John 
Montgomery, PLdward Moseley, Enoch Hall, Eleazer 
Allen and James Hasell. 

The province increased considerably : the white popu- 
k\tion, which, at the purchase of it by the crown did not 
exceed thirteen thousand, was upwards of forty-five 
thousand ; an increase of above three and one half for one, 
during a period of twenty-three years. 

The exports of the province were already considera- 
ble : it appears, that in the following year there were ex- 
ported 61,528 barrels of tar, 12,055 barrels of pitch, 
10,429 barrels of turpentine, 762,000 staves, 61,580 



60 ' CHAPTER [-1752 

bushels of corn, 10,000 bushels of peas, 3,300 barrels 
of pork and beef, 100 hogsheads of tobacco, 30,000 
pounds of deer skins, besides wheat, rice, bread, pota- 
toes, beeswax, tallow, bacon, lard, lumber, indigo, 
and tanned leather. 



Chalmers — Brickie — History of S, C-^Jiecordsy 



CHAPTER IV. 

On the death of governor Johnston, the administra- 
tion of government devolved on Nathaniel Rice, the 
councillor first named in the king's instructions. 

In the month of September, 1752, a hurricane rava- 
ged the southern provinces; the town of Charleston was 
overflowed and the inhabitants took refuge in the upper 
stories, or on the roofs of their houses; the impetuosity 
of the wind was more severely felt in North Carolina; 
the court house oi the county of Onslow, in the town of 
Johnston, with the dwelling house of Edward Black, the 
clerk, and almost every building, were blown down and 
destroyed ; the county lost all its records, and the town 
was so materially injured that it was abandoned. 

On the 28th of January, president Rice died, at an 
advanced age, and was succeeded by Mathew Rowan, 
the next councillor. 

This gentleman qualified, at Wilmington on, on the 
first of February, and met the legislature, at Newbern, 
on the 23d of March. 

The calm of peace allowed them to bestow their un- , 
divided attention on the internal concerns of the pro- 
vince : the trade of the most considerable part of it being 
jTjreatly obstructed, by the large shoals that lie within 
Ocracock inlet, so as to render small vessels necessary, 
to lighten ships of burden over the bar ; the heavy ex- 
pense, thus occasioned, and the great danger to whicli 



m CHAPTER [1753 

the ships and lighters were, in the mean while, exposed, 
were sensible injuries to the commerce, to come into 
Ocracock inlet, and commodiously, to ride at anchor 
in the harbor of Core sound ; experience had shown, 
that the merchants trading to Albemarle sound, Pam- 
plico and Neuse rivers, were compelled to send to Oc- 
racock inlet, or Core banks; somttimes the whole, and 
almost always, one half of the cargoes of vessels, of any 
burden, so as to require wharves and warehouses, near 
the harbor or on the banks, for the reception and safe 
keeping of the commodities, they were obliged to send 
down. It was imagined that these evils would be reme- 
died, by establishing a town on the Core banks : a law 
was passed therefor, and the town was called Ports- 
mouth ; but, as the spot on which it was to be erected, 
was far distant from any inhabited part of the province and 
open to the depredations of the enemy, in time of war, 
even to the insults of pirates at all times, an appropria- 
tion of two thousand ])ounds was made, for erecting a 
fort for its protection, to which the name of fort Gran- 
ville was given. 

The upper part of the county of Anson, was erected 
into a new and distinct county, which, in compliment to 
the president, was called Rowan. 

The French now began to carry into execution, their 
long concerted plan of connecting, by a chain of forts 
and continued settlem.ents, their possessions in Canada 
and Louisiana, and as part of it, to endeavor to debar the 
English from all trade and intercourse with the nations 
of Indians, dwelling along the Mississippi, even those on 
the back settlements of the British provinces. Early in 
January, they had taken possession of an English truck- 
house, in the Twigtees nation, and carried several of 



1753] THE FOURTH. es 

the traders prisoners into Canada, and soon after, they 
sent down a party of their Indians from Louisbourg, 
to harrass the province of Nova Scotia. On the receipt 
of the information of these particulars, lord Holderness 
addressed a circular letter to the governors of the south- 
ern provinces, to require them, with the utmost dili- 
gence, to put their respective provinces in the best pos- 
ture of defence ; to watch the motion of the subjects of 
France, and, in case any of them, or those of any other 
foreign power, should presume to encroach on any part 
of their governments, to erect forts or commit any act 
of hostility, immediately to represent the injustice of 
such proceedings and require them immediately to de- 
sist, and, on refusal, to draw forth the strength of 
the province, and repel force by force. 

As circumstances required that the several pro- 
vinces should assist each other, in case of invasion, the 
governors were required to correspond together, and on 
the first information of any hostile attempt, immediately 
to convene the legislature, and lay before them the ne- 
cessity of mutual assistance, and engage them to furnish 
such supjilies as the circumstances might call for. 

Lord Holderness concluded, by observing, that he 
had the kingS express command, more strictly to en- 
join, that no use might be made of the armed force, ex- 
cept within the undoubted limits of the British domi- 
nions. The misfortune w^as, that these undoubted lim- 
its were far from being easily discernible. The French 
minister of the marine, Monsieur Rcuille, to whose 
department the concerns of the plantations belonged, 
was at the same time writing to the marcjuis de Jon- 
quiere, governor of Canada, with the same apparent de- 
sire of justice, when he gave the orders, in consequence 



64 CHAPTER [1753 

of which, the British government conceived its rights 
were invaded. " The king commands me," said he, 
" to recal to your mind the instructions which have been 
often given to you, in regard to your conduct towards 
the British, particularly on the subject of the bounda- 
ries of the dominions of the two crowns, until they be 
finally ascertained. In supporting his rights against 
any encroachment, you are not to undertake any thing 
that may violate those of the British king. See that Jhe 
officers whom you may station in the posts near the Bri- 
tish colonies, act on the same principle ; avoid whatever 
may give room to just ccmplaints against you." 

Vainly were the officers of the two nations required 
to act towards each other, with all the moderation, com- 
patible with the honor of their respective nations, and 
the security of their possessions ; neither could prevent 
a rival power, with a different idea of its own rights and 
possessions in America, from viewing even that mode- 
ration, as an overt act of hostility. 

On the 29th of October, the assembly of Jamaica re- 
rolved, " That it is the interest and undoubted right of 
the representatives of the people, to raise and appl v mo- 
neys, for the services and exigencies of government; 
and to appoint such person or persons, for the receiving 
and issuing thereof, as they shall think proper; which 
rights this house has exerted, and will always exert, in 
such manner as they shall judge most conducive to the 
service of his majesty and the interest of the people." 

Early in January, an express from governor Din-^ 
widdie of Virginia reached president Rowan. The 
governor, alarmed at a rumor of the movements of the 
French on the Ohio, had sent thither major Washing- 
ton (the man who, a few years after, became one of the 



J 754] THE FOURTH. OS 

most oonspicnoiis characters of his a^e) who reported 
thai the French had taken post on one of the branches of 
that river, and bnilt a fort, in which they had mounted 
eiijht six pounders: they had materials in readiness 
for other forts, which they declared their intention 
of building on the river, and particularly at Logs- 
town, the place destined for their future residence^ 
as soon as the season would permit them to embark*. 
For this purpose, they had upwards of two hundred 
canoes finished, besides a great number of others 
blocked out. To the representations of the major, the 
commanding officer at the post had answered, that the 
country belonged to the French ; that no Englishman 
had a right to trade upon those waters ; and he had 
orders to make any of them prisoners, who attempted 
it on the Ohio or its branches. 

Governor Dinwiddle, in giving the information to 
president R )wan, observed, that the force of the enemy 
was far from being contemptible : they had already en- 
gaged three nations of Indians, the Chippeways, Otta- 
wavs and the Orendakes, to join them: they had four 
other forts on the Mississippi, besides a garrison of one 
thousand men at New Orleans. By the means of the 
Wabash, they had a communication between Canada and 
the Mississippi; and before they sent their troops into 
w^inter quarters last fall, they had called the several tribes 
of Indians together at the fort, and told them they might 
rely on seeing them early in the spring, with a very con- 
siderable reinforcement; that they would take posses- 
sion of the Ohio, if they were not entirely passive. The 
letter concluded, by soliciting an aid of men from the 
province, to join the troops, that were raising in V irginia 
and Maryland, and march against the French. 

N. CARO. II. 9 



66 CHAPTER ' [1754 

President Rowan immediately issued his proclama- 
tion, for the meeting of the legislature at Wilmington, 
on the 19th of February. 

In his speech, at the openin.sj of the session, he com- 
municated to the houses, the despatches he had received 
from lord Holderness and governor Dinwiddie, and 
pressed them to improve the opportunity of manifesting 
their loyalty to the king, their zeal for his service and 
their affection for a sister province. The lower house 
put a price on their compliance, and insisted, as a sine 
qua nortj on obtaining the president's assent to a bill for 
issuing a considerable sum in paper currency. This 
was easier to be obtaintd from a temporary chief magis- 
trate than from a governor, who, by yielding the point, 
might incur the risk of losing his office. President 
Rowan did not make much difficulty. Various plans 
xvere accordingly introduced ; the most prominent of 
which was a scheme for a .general loan office, to be 
managed by four trustees, chosen by the chief magis- 
trate out of tight persons named by the asembly, one 
of whom should go out yearly, and be replaced by a 
similar mode of re-appointment. A sum of eighty thou- 
sand pounds was proposed to be emitted, in bills of dif- 
ferent denominations, from fifty to one shilling, and pro- 
clamation money, of the value of four shillings to three 
shillings sterling. One half of the emission was to be 
in bills of twenty shillings and under, and to be loaned 
by the trustees on security, in sums from three hundred 
to twelve hundred pounds, with a proviso, that on the in- 
terest being paid within two months after the day of 
payment yearly, five per cent, only should betaken, other- 
wise six. The rest of the etuission, being in targe bills, 
was to be loaned on the same terms; but, with a view to 



1754] THE FOURTH. 6? 

keep the credit of those bills in circulation, it was pro- 
vided, that one per cent, interest should be allowed 
thereon, from the time the bill was lent out till returned, 
and paid into the office in discha^e of some money, there 
borrowed. These bills were to be loaned in sums from 
five hundrtd to twenty pounds. All the bills were to be 
a tender in all payments. The friends of this plan con- 
tended, that no beneficial commerce could be carried on, 
without some kind of a circulating medium, and that the 
mode hitherto pursut^d, when paper was emitted, to lay 
a tax for the redemption of it, by instalments, within 
a limited number of years, and cancelling and burning 
yearly the produce of the tax, did not fully answer the 
intended end; for, the circulating medium was thus gra- 
dually lessened, the remainder being still sooner absorb- 
ed by the tax, and, at the end of this operation, the ne- 
nessity of a circulating medium, was as equally pressing 
as before the emission: as a bufficient quantity of coin or 
bulhon could not be brought into, and retained in the 
province, without an increase of trade, and a proper econ- 
omy to procure a balance in favor of the prov ince, bv in- 
creasing the amount of exports and diminishing that of 
imports, whi h couid not be eifectfd in an infant and 
growing province, where all nt-cessaries are to be pro- 
vided for, to improve the lands and purchase slaves; 
that the circulating medium ought to be mther increased 
than lessened, a^ the population of the province advan- 
ced. Even if the president's assent could have been 
had to this plan, it was not hkely a mtijority of the coun- 
cil would have hazarded their seats by sanctioning the 
measure: emissions of paper in the colonies being 
highly disapproved of at home, and exciting the com- 
plaints of the merchants, who, as the currency fell in 



m CHAPTER [1754 

value, by the accession of a greater quantity, were obli-- 
gtd to receive it in payrrent from the planters, or take 
produce at the iidvanced price to which it naturally rose, 
with the increase of the medium witli which it was to be 
exchanged. The plan failed. The grant of supplies 
and ihe emission of monev were made ihc object of one 
bill. 

The sum of one thousand pounds was appropriated 
to the raising, subsisting and payinij: such troops at* the 
president might see proper to st-nd to tlie assistance of 
the provinc(' of Virginia. Two thousand were also 
appropriated for the repairs of Fort Johnston, and a 
like sum for those of Fort Granville. The inhabitants 
of the frontier counties of Anson and Rowan, being 
judged too poor to support, unaided, the expenses 
attending the defence of the back settlements against the 
Indians, one thousand poimds were appropriated to the 
purchase of arms for thtir use. 

Forty thousand pounds, in bills of credit, were emit- 
ted to meet these expenditures, and another appropria- 
tion was made of twenty thousand pounds, for the pur- 
chase of a glebe in every county, for the establishment 
of a public seminary and the repairs of the public build- 
ings of the province. This last appropriation was made 
under a suspending clause, till the king's pleasure was 
signified. It does not appear that it ever was obtained. 

An annual poll tax of one shilling and a duty of four 
pence on every s^fallon of wine or spirituous liquors, 
were the means provided for the redemption of the pa- 
per ncyW emitted, and to continue till it was in this way 
all bought in and cancelled. It will appear in the course 
of this history, that the tax and duty were continued 
until the abolition of the regal government. The appro- 



1754] THE FOURTH. 69 

priation for the seminary, which, however, proved inef- 
fectual, is the first evidence of a desire to encourage 
literature, manifcsttd by the legislature of the province: 
it did not happen till nearly ninety years after the settle- 
nient of the country. 

The upper part of the county of Bladen was erected 
into a distinct couiUy, and called Cumberland. 

The town of Exeter, in the county of New Haven, 
and that ot Gloucester, in the county of Anson, were 
established. 

President Rowan lost no time in raising the troops, 
voted l^y the legiblature for the assistance of the province 
of Virginia. Colonel James Imiis of New Hanover, 
marched, at the head of this succour, and joined the 
forces of Virginia, swelled by those of Maryland. 

Without considering much the strength or composi- 
tion of this small army, governor Dinwidie, following 
the advice of the kmg's council, directed its march to 
the Allegheny mountains, with directions either to dis- 
possess the French of their forts or erect one in the 
neighborhood. The who'e force was placed under the, 
order of the officer who commanded the detachment of 
North Carolina. The total number was not equal to 
one half of that of the tnemv, and no care had been taken 
to provide for the troops any of the necessary su[»|)lies 
or convcniencies, which the season and the part of the 
country for which they were intended required. In 
giving orders for procuring recruits for the Virginia re- 
giment, it had been unaccountably forgotten to pro- 
vide any money for that purpose. The legislature of 
that province soon after rose, and there being no provis* 
ion made for the probcculion of the war, the expedition 



70 CHAPTER [1754 

was countermanded, and colonel Innis marched back his 
men to North Carolina. 

The provinces were much exposed to the depreda- 
tions of the Indians, more particularly during a war be- 
tween England and France, and, individually, either too 
weak to take efficient measures for their own defence, 
or unwilling to take upon themselves the charge of 
erecting forts, and maintaining garrisons, while their 
neighbors, who partook equally with them in the advan- 
tage, contributed nothing. Some times also, the de- 
fects which existed between the governor and the as- 
semblies, prevented the adoption of measures of dif- 
ference. To avoid the evils attending this immediate 
difference of interest, and the better to combine the 
forces of the provinces, it was recommended to them by 
the lords commissioners of trade and plantations, to de- 
vise a plan of union between the colonies, to regulate all 
measures of general interest. To accomplish this end, 
the former were invited to send commissioners to Al- 
bany, in the province of New- York. All, however, 
did not attend this call: commivssioners from the prov- 
inces of New-Hampshire, Massachusetts, Rhode Island, 
New- Jersey, Pennsylvania and Maryland, attended; a 
plan proposed by Benjamin Franklin, one of the com- 
missioners from Pennsylvania, a gentleman famous in 
the republic of letters and in the American history, 
was adopted, to be recommended, which has ever since 
been known by the appellation of the * 'Albany plan of 



union.'* 



Application was proposed to be made for an act of 
parliament to establish, in the American provinces, a 
general government, to be administered by a president 



1754] THE FOURTH. 71 

general, appointed by the crown, on the nomination of a 
grand council, chosen by the legislatures of the differ- 
ent provinces. The number of members to be chosen 
in each, to be in direct proportion to die sum paid by it 
into the general treasury: but no province was to chose 
more than seven, nor less than two members. At first, 
the provinces of Massachusetts and Virginia were to 
have seven members each; that of Pennsylvania six, that 
of Connecticut five, those of New-York, North Caro- 
lina and South Carolina four each, that of New- Jersey 
three, and those of New-Hampshire and Rhode Island 
two each. The whole executive power was vested in 
the president general; the legislative power was vested 
in the grand council and the president general; his assent 
being necessary to the passage of a bill into a law. The 
general legislature was empowered to declare war, con- 
clude treaties and make peace with the different nations 
of Indians; to regulate trade with, and make acquisitions 
of land from, them; in the name of the king or of the 
union, to settle new colonies, and make laws for their 
government, till their erection into distinct provinces; to 
raise troops, build forts, fit out and arm vessels and use 
all other means for the general defence. To carry these 
powers into effect, they were empowered to lay duties, 
taxes and imposts. All laws were to be transmitted 
over for the king's approbation, and, unless disapproved 
within three years, were to remain in full force. Mili- 
tary officers were to be nominated by the president gen- 
eral and appointed by the council, and those in the civil 
department were to be nominated by the council and 
appointed by the president general. 

The French, still persisting in their endeavors to oc- 
cupy the borders of Ohio, the province of Virginia 



n CHAPTER. [1754 

raised a regiment to check their advances. Miijor 
Wabhington, on whom the command of this corps hdd 
devolved, on the death of colonel Frv, advanced towards 
thi'.t river early in the sprinjj^. H^ met with, and defeat- 
ed a small French party, under the orders of captain de 
Jumonville, and directed his march to the confluence of 
the Monoiigahela and Allegheny rivers, where the Ohio 
company had sent a number of men to erect ^ fort. 
But, on the 4th of July, he was attacked and defeated by 
a party of French and Indians, with the loss of 150 
killed and 70 wounded. 

The plan proposed by the commissioners of the pro- 
vince was submitted to their respective legislatures and 
rejected by all, as giving the president general, the rep- 
resentative of the crown, an influence greater than ap- 
peared to them proper, in a plain government formed for 
freemen. The British ministry disapproved of it; be- 
cause it gave too much power to tlie representatives of 
the people. Perhaps these objections, from each party, 
are the strongest proof that can be adduced of its excel* 
lence, as directed to the situation of Great Britain and 
America, at that time. It appears to have steered, ex- 
actly in the middle, between the interest of both. 



ChalmerS'-'Marshall — Records. 



CHAPTER V. 

In the fall of 1754, Arthur Dobbs, who had been ap- 
pointed governor of the province, arrivjed at Nevvbern^ 
This gentleman was an Irishman, and had been a 
member of the Irish parliament: he was a man of letters 
and enterprise. It was[at his solicitation, that the board 
of admiralty, in England, had been prevailed upon, in 
1741, to cause a new attempt to be made, under the 
orders of Christopher Middleton, a captain of the Hud- 
son bay company, to find a northwest passage to 
Japan, China, and India. The expedition sailed in the 
month of May, of that year; but it was unsuccessful. 
The plan of governor Dobbs was complained of by 
Monsieur Durand, one of the French commissioners, 
(1742) as tending to encroach upon the trade which the 
French carried on with the Indians towards the north of 
Canada, and to extend the British settlementss in these 
parts to the prejudice of those of the French^ 

Governor Dobbs brought a few pieces of cannon and 
one thousand firelocks, a present from the crown to the 
province. He was accompanied by a number of his re- 
lations and countrymen, who had followed him with the 
hope of being promoted to lucrative offices, and the in- 
habitants of the province were not long without com- 
plaining of his too great fidelity in gratifying the desires 
of his followers, 

N. CARO. II. 10 



14 CHAPTER [1754 

He qualified at Newbern, on the 1st of November, 
and met the legislature six weeks after, in that town. 
He recommended the fixing" of a permanent and adequate 
revenue on the crown, to meet the expenses of govern- 
ment, and a ] 'roper salary for the governor for the time 
being: he drew the attention of the lower house to the 
necessity of making an early appropriation for the repairs 
of fort Johnston and the other fortifications, and the sup- 
port of a few soldiers; and ofmakuig provision for the 
support of a minister of the established church, in each 
county; for the regulation of trade, and the preser- 
vation of a good understanding, with the neighboring 
Indian tribes. The revision of the court svstem and 

m 

the inspection laws were mentioned by him, as proper 
objects for the deliberation of the legislature, and he de- 
sired that some remedy might be applied to an alarming 
and sjrowinf^ evil, the great circulation of counterfeited 
bills of credit. 

The assembly were ready to enter on the business re- 
commended, if we except the allowance of a salary for 
the chief magistrate. An aid of eight thousand pounds 
was granted to the king for the defence of the province: 
a duty was laid on every ton of shipping of one fourth 
of a pound of powder and one pound of lead, and a 
bounty was allowed for facilitating enlistments. Means 
of defence being thus provided, the legislature turned 
their attention to the internal concerns of the province, 
A new judicial system was formed; a supreme court 
was established in different districts of the province; and 
provision was made for holding courts of oyer and ter- 
miner and general jail delivery, defining the jurisdiction 
of county courts and settling the mode of proceeding 
therein. Inspections of tobacco were established and 



n55] THE FIFTH. -5^ 

the exportation of that article, before it had been sub- 
mitted to home test, was forbidden. Inspectors' notes 
were made a tender at the public treasury, at the rate of 
one penny a pound. The cultivation of this commo- 
dity, it seems, was as yet confined to the northern part of 
"the province, the act making no provision for the in- 
spection of it, to the southward of Tar river. 

In their address to the governor, the lower house la- 
mented the repeal of the act, establishing several towns 
and counties. 

The ministry, judging that the provincial forces were 
unequal to a conflict against the French, despatched 
commodore Reppel, with a squadron of ships of war, 
conveying major general Braddock and a reputable 
body of troops. 

After a long and tedious passage, general] Braddock 
reached Williamsburg, early in the following year. In 
the letter, announcing his arrival to Henry Fox, the 
secretary of war, on the 4th of February, he said, *'I 
have found every thing in great confusion, as I expected: 
much money has already been spent, though very little 
is done. The governor here is of opinion, th .t the peo- 
ple of the province are well inclined to give all the 
assistance in thtir power, to an affair that concerns them 
so nearly. Governor Dobbs is well enough satisfied 
with those of his province, and hopes to be more so 
hereafter; Pennsyivania will do nothing, and supplies 
the French with every thing they want." 

His first step was to address a circular Iplter to 
the governors of the several provinces, to prevail on 
them to exert themselves in their respective gov- 
ernments, to obtain supplies of men and money; 
he recommended them to lock up their ports, so aa 



l^S CHAPTER ino5 

to render it impossible for the enemy lo draw any 
provisions from the provinces, and expressed a 
wish tliat a common fund might be establishe«l out 
of the money, granted by the several legislatures. 
In a letter of the 18th of March, to Sir Thomas Ro- 
binson, secretary of state, he complained of the dif- 
ficalties he had to encounter, in the following terms: 
"The jealousy of the people and the disunion of 
many of the colonies are such, that I almost despair 
of succeeding. I am indeed very sorry to teli you^ 
that in all appearance, I shall meet with great diffi- 
culties in obtaining from those colonies, the Fupplies 
v^^hich the king expects from them and the general 
interest requires. Governor Dinwiddie has already 
obtained from his province twenty thousand pounds 
currency, and he hopes to obtain a still larger sunj, 
North Carolina had granted eight thousand pounds 
and Maryland six thousand, each of the current coin 
of their respective governments. Although Penn- 
sylvania is, without contradiction, the richest and 
the most concerned in this expedition; yet, it has 
supplied nothing hitherto." And in a letter of a 
later date to the earl of Halifax, the general writes: 
"I am sorry to have been under the necessity of 
saying, that the inhabitants of these colonies have 
all shown a great indifference for the king's service, 
and their own interests. However, they do not all 
fall under this censure, and particularly those of the 
province I am now in, (Virginia,) are not to be 
compared with their neighbors, and may not have 
deserved reproaches. But I cannot sufficiently ex^ 
press my indignation against the provinces of Pcnn- 



1755] THE FIFTH. 77 

sylvania and Maryland, which, being qu'te as much 
concerned in this expedition as their neighbors, and 
much more so than any other on this continent, re- 
fuse to contribute in any shape towards the support 
of this project, and even what they propose, they 
do only on such terms, as are entirely contrary to 
the prerogative of the king and his instructions to 
the governors." 

Early in April, governor Dobbs left the province 
in order to attend a meeting of the governors of the 
provinces, which general Braddock had requested, 
with a view of consulting them on the most proper 
mode of operation. They met him at Alexandria, 
on the 14th of April. The result of their delibera- 
tions was a recommendation of three expeditions. 

The object of the first and principal one, was the 
reduction of fort Duquesne, which stood on the 
spot on which the present town of Pittsburg now 
stands, in the state of Pennsylvania. General Brad- 
dock was to command it in person, and his forces 
were to consist of the troops he had brought from 
England, and such reinforcements, as might be ob- 
tained from the southern provinces. 

The second, which was to be under the com- 
mand of governor Sliirley of the province of Mas- 
sacltusetts, was intended against Niagara and fort 
Frontignac. Two regiments raised in that colony, 
were to be the main force employed in it. 

The lust had Crownpoint f r its object. For this, 
provincial troojis were to be raised from the pro- 
vince of New-York, and those of New England; 
major g«*neral William Johnston of New-York, was 
designated as the leader of it. 



75 CHAPTER [1755 

General Braddock lost no time in making the ne- 
cessary arrangements for the expedition which he 
was to head. He formed two companies of carpen- 
ters, each composed of a captain, two subalterns, 
two, sergeants and thirty men. One of them was 
to be employed in making roads and boats, and the 
other in repairing carriages: he also raised a com- 
pany of guides, composed of a captain, two aids and 
ten men. He established forts from the head quar* 
lers to Philadelphia, Annapolis and Williamsburg, 
His difficulties were increased by the great num- 
ber of horses, waggons and batteaux, necessary for 
transporting the artillery, baggage and provisions, 
and the scarcity oi laborers and the excessive price 
they required; the provisions were to be drawn 
from many provinces, distant from each other; the 
want of fora^^e was severely felt, and the expedition 
w as detained a considerable time waiting for the ar- 
tillery. He set off! on the 20th of April, on his way 
to tort Frederick, in order to go by the way of Wills 
creek, where a post was established, on the spot 
since known as fort Cumberland, near the source 
of tlie Potomac, then the most western post, held 
in those parts by the English. 

, General Braddock was detained on the road at this 
post, by a coincidence of untoward circumstances, 
until the middle of June, when apprehensions were en- 
tertained, that this inauspicious delay would afford the 
enemy the opportunity of strengthening the post against 
which the expedition was aimed, so as to occasion its 
miscarriage. It was thought of the utmost importance 
to guard against this contingency, and the general, ta- 
king with him a chosen corps of twelve hundred men, 



1755] THE FIFTH. 7^ 

began a rapid march : the baggage of the detachment 
was packed on horses, and as few waggons were taken 
with it as were sufficient for the removal of the military 
stores. Colonel Dunbar was left with the rest of the 
army, and directed to follow by slower and easier 
marches. 

General Braddock was not, however, able to reach the 
Monongahela till the eighth of July ; the rugged state of 
the country did not allow a speedier progress, though the 
corps was disencumbered from every article that could 
be left behind. 

After having crossed the stream, the general disposed 
his forces for battle : he placed in front three hundred 
British regulars, among whom were his grenadiers and 
light infintry, and followed, at some distance, with the ar- 
tillery and the main body of the army, divided into small 
columns. This was a most unfortunate arrangement, 
and the general had determined on it, notwithstanding 
the representations of all the American officers near him, 
who recommended, that the provincial companies should 
be made to advance in front, scour the woods, discover, 
and give alarm in case of any ambuscade. This recom- 
mendation was disregarded, the general having too con- 
temptuous an opinion of the enemy against whom he 
was advancing, and of the capacity of American soldiers. 
In the midst of a wide, open piece of ground, covered 
with grass to a man's height, the unseen foe fired on, 
and threw into confusion, the unsuspecting ranks in the 
van of the British forces : but the prompt advance of the 
main body, and the fall of the French commanding offi- 
cer, put a momentary stop to the attack : but the assail- 
ants soon resumed it with great fury» and the van falling 
back on the main body, a general confusion followed. 



8« CHAPTER, [1755 

Every officer on horseback, except George Washing, 
ton, who was near the general as one of his aids, was 
killed or wounded, and the commander himself received 
a deadlv wound : at this moment, his dismayed British 
soldiers ran in various directions, in disorder and confu- 
sion : the provincial forces kept the field a considerable 
time longer. Great was the carnage that ensued, till the 
Indians, who constituted a good portion of the enemy's 
army, diverted by the hope of plunder, gave up the pur- 
suit. Sixty-four out of eighty-five officers, and one half 
of the men were either killed or wounded ; the artillery, 
stores and baggage were all taken. The portion of the 
army that escaped, reached colonel Dunbar's camp, 
where the general breathed his last. The colonel, alarm- 
ed for the safety of his men, sought their safety in a pre- 
cipitate retreat, and, after burning most of his stores, 
marched to Philadelphia. 

By the unfortunate issue of this expedition, the west- 
ern settlements of the southern provinces were left open 
to the attacks of the Indians, and most of the planters 
sought an asylum in the more thickly inhabited parts of 
the country. 

The expeditions, under governor Shirley and general 
Johnston, were not so disastrous, but neither of them 
was successful. The army of the latter, during the 
summer, lay on the eastern bank of the Hudson, a little 
south of the city of Albany. In the early part of June, 
the troops of the eastern provinces began to pour in, 
company after company, and such a motley assemblage 
of men never before thronged together, on such an occa- 
sion, unless an example may be found in the ragged re- 
giment of Sir John Falstaff. It would have relaxed the 
gravity of an anachorite, to have seen the descendants of 



1755] THE FIFTH. gl 

the Puritans, marching through the streets of our an- 
cient city, take their situation to the left of the British 
army, some with long coats, some with short coats, and 
others with no coat at all, with colors as varied as the 
rainbow ; some with their hair cropped like the army of 
Cromwell, and others with wig-, the locks of which 
floated with grace around their shoulders. Their march, 
their accoutrements and the whole arrangement of the 
troops, furnished matter of amusement to the rest of the 
British army. The music played the airs of two centu- 
ries ago, and the tout ensemble ^ upon the whole, exhi- 
bited a sight to the wondering strangers, to which they 
had been unaccustomed. Among the club of wits that 
belonged to the British army, there was a Doctor Shack- 
burg, attached to the staff, who combined with the 
science of a surgeon the skill and talents of a musician : 
to please the new comers, he composed a tune, and with 
much gravity recommended it to the officers as one of 
the most celebrated airs of martial music. The joke 
took, to the no ^mall amusement of the British : brother 
Jonathan exclaimed it was nation fine^ and in a few days 
nothing was heard in the provincial camp, but the air of 
Yankee Doodle. Little did the author, in his composi- 
tions, then suppose, that an air made for the purpose of 
levity and ridicule, should ever be marked for such high 
destinies. In twenty years from that time, the national 
march inspired the heroes of Bunker's hill, and in less 
than thirty, lord Cornwallis and his army marched into 
the American lines to the tune of Yankee Doodle. 

Governor Dobbs, in the course of the summer, visit- 
ed the western counties of the province, and the towns 
on the sea shore, with a view to ascertain on what spots 
fortifications might be erected with the greatest pros- 

N. CARO. II. 11 



B2 CHAPTER [1755 

pect of utility. He met the legislature on the 25th of 
September, at Newbern : in addressing the houses, he 
observed, that the situation of aiFairs in the province, 
being much altered since their last meeting, and the dan- 
ger increased of the French being able to accomplish 
the scheme they had formed, of confining the British 
provinces to the eastern side of the mountains, by a 
chain of forts from Canada to Louisiana ; of gaining 
most of the nations of Indians to their alliance, and of 
preventing those who were friendly to the En;;lish from 
appearing in their defence, he was compelled to solicit 
them, in the king's name, to grant as large supplies as 
the situation of the province could allow, not only to 
defend the frontier counties, but also to co-operate ia 
offensive measures ^vith the other provinces, against the 
common enemy : he recommended the erection of a 
fort, between Third and Fourth creeks, near the South 
Yadkin, in the county of Rowan, near that of Iredell, a 
central spot between the northern and southern bounda- 
ries oi" the province. 

T!ie legislature granted a supply of ten thousand 
pounds, for the erection of this fort and for raising, 
equipping and paying three companies of fifty men each, 
exclusive of commissioned officers ; and with a view to 
facilitate the approvisionment of the king's forces, an 
act was passed prohibiting the exportation of provisions 
or live stock, to any of the enemy's or neutral ports. 

Pork, beet, rice, indigo, naval stores and lumber, 
were this year made subjects of the laws of inspection, 
winch hitherto related to tobacco only. 

The people known by the appellation of Unitas Fra- 
trum or United Brethren, though more generally by that 
of the Moravians, having formed considerable settle- 



1756] THE FIFTH. 83 

ments in Wachovia, a large tract of land, which they 
owned in the county of Rowan, now in that of Stokes, 
xvere erected into a separate parish, that they mipjht dis- 
charge their parochial duties with more convenience and 
case : the new parish was called Dobbs' Parish. 

To the distresses of the war, was now added the ca- 
lamity of one of those epidemical diseases, which at dif- 
ferent periods have scoured the continental provinces, in 
autumnal visitations. 

In the following year, the fortification which the gover- 
nor had recommended, was raised : it was an oblong 
square, fifty- three feet long and forty- three wide : the 
opposite angles were twenty-two by twenty. four : it 
was twenty-four feet higii, and had three floors, from 
each of which above one hundred muskets might be 
discharged at the same time. 

The British now began to retaliate on their rivals, by 
captures at st-a, and early in the following year, on the 
application of the French court for restitution of the ves- 
sels seized, the British cabinet required a previous satis- 
faction for the invasion of the king's territories and the 
hostilities committed on his American subjects. On 
receiving this cUiswer, the French king granted letters of 
marque and reprisals. On the 18th of May, war was 
formally declared by the court of Great Britain ; an ex- 
ample which was followed by France on the 18th of 
June. 

The earl of Loudon, who had been appointed com- 
mander in chief of the king's troops in America, and 
governor of the province of Virginia, came over in the 
spring. Nothing of importance was, however, attempt- 
e-d during the year. 



i-/ 



84 > CHAPTER [175^ 

In the month of September, the marquis of Mont- 
calm made himself master of the important post of 
Oswego, on lake Ontario : the British garrison, con- 
sisting of sixteen hundred men, were made prisoners of 
war. This fortification, having been erected in the 
country of the Five Nations, was not viewed bv them 
without jealousy : the marquis wisely destroj^ed it in 
presence of the Indians, telling them that the French 
wished to enable their red brethren to preserve their neu- 
trality, and would not make any other use of victory 
than to demolish the forts built by tlie English on the 
lands of the Indians, with the design of overawing and 
keeping them in subjection. 

The general assembly of the province sat at Newbern 
on the last dav of December. The attention of the 
houses was drawn by governor Dobbs to the change 
which had taken place since their last session : he said 
that the measures which the king had taken to preserve 
the rights and possessions of his American provinces, 
and compel the French to restore the territories they had 
taken possession of, had encouraged the hope of a speedy 
determination of all differences ; but it now appeared^ 
that the king of France, not only persisted in the deter- 
mination of hemming in the British colonies, securing 
the Indian trade, engaging the Indian tribes on the fron- 
tiers in his cause, and with their assistance expelling the 
English from the continent of America, but had invaded, 
previous to any declaration of war, the king's domin- 
ions in that of Europe, and threatened an invasion and 
the total destruction of the British empire, outrages 
which had compelled the king to declare war against 
France. 



17561 THE FIFTH. S5 

After observing that the whole British empire, ia 
America, was at a stake, and the religion, liberties and 
possessions of the nation in the utmost danger, unless 
her whole, united strength was exerted to repel those 
faithless neighbors and merciless enemies, he added, that 
the great weight of a war against the exorbitant power 
of France, without the assistance of any ally, under the 
pressure of a heavy debt, contracted for securing the in- 
tegrity of the territory of the American provinces, re- 
quired, that they should yield assistance to the mother 
country to the utmost of their ability, and recommended 
that, by an efficient aid, the province might be prevented 
from becoming th*e seat of war. 

He informed the houses, he had received the king's 
instructions to recommend to them the passage of a bill 
for preventing desertions, and to encourage the recruit- 
ing service, and to request, that such sums as might 
be raised for the public service of the colonies, might be 
placed under the directions of his commander in chief, 
over all the colonies, and in compliance with the address 
of the assembly, at their last session, to re-enact the 
twelve laws, which had been repealed by the king in 
council, in 1754. for erecting counties and towns, re- 
serving to the king his right to create members to serve 
in the assembly, and also to agree to the repeal of such 
subie-iuent laws for erecting counties which had not 
been laid before the kin^ in council, before the month 
of April, 1754, and to re-enact them with the same 
rest-rvaliou. 

He recommended the passage of a militia law, and the 
revision r.f those for the support of the clergy and for 
the inspection uf conimodiiies. 



UQ CHAPTER [1756 

The legislature granted a small aid only of three thou- 
sand four hundred pounds, which were appropriated to 
the defence of the western country; and, in compliance 
with the recommendation of the governor, passed a 
law to prevent desertion. The acts establishing 
the counties of Orange, Rowan and Cumberland, 
and those allowing the towns of Wilmington and 
Brunswick, the right of being represented in the lower 
house, were repealed, as containing clauses injurious to 
the prerogative of the crown, and acts were passed, for 
re-establishing those three counties, and all those, the 
erection of which had been disallowed by the king in 
council, by his orders of the 8th of April, 1754. A 
clause was inserted, declaring t*iat the establishment of 
these counties was not to be construed as alhjwinij the 
royal prerogative of granting letters of incorporation, 
ordering and regulating elections, and establishing fairs 
and markets. 

More extensive regulations were made for the im- 
provement and establishment of roads and ferries. Pro- 
per amendments were introduced in the inspection laws, 
and measures were taken to secure the collection of the 
powder duty. 

The governor now informed the upper house, that 
the fortifications on Cape Fear river, at Core sound and 
Topsail inlet, would soon be in a state of defence, and 
that he had information, that the artillery and ordnance 
for Fort Johnston would soon arrive, and that he had 
applied for artillery and ordnance stores for the other 
forts, and for a company of one hundred and twenty 
men, to be fixed on the British establishment; where- 
upon the house, at his recommendation, addressed the 
king, imploring his protection for the province, and resol- 



1756] THE FIFTH". ST 

I 

ved, that they would cheerfully concur with the other 
house, in making provision for the support of such men 
as he might send to garrison the forts. 

The governor communicated the instructions he had 
received from the king, to fix on a proper spot for the 
seat of government, and the representations of the lords 
commissioners of trade and plantations ; that it should 
be in a healthy situation, the most central,, and their in- 
tention to advise the king, that it should be somewhere 
on the river Neuse ; a committee of both houses was 
appointed, to view the country and report the most 
advantageous spot. 

A post, established between Suffolk and Wilming- 
ton (once a fortnight) was continued for one year. 

The governor was authorized to apply the surplus of 
the sum of twelve thousand pounds, appropriated at the 
September session of the legislature, in 1754, to the 
raising and subsistence of the troops, destined for the 
service of the province of Virginia, and out of the sum 
of eight thousand pounds, granted at the follow^ing ses- 
sion, for the defence of the frontiers, to make up any de- 
ficiency that might happen in the sum of ten thosand 
pounds, granted at the last session, and promised to 
make further provision, at the next meeting, if necessary. 

Governor Glen, of South Carolina, began to establish 
forts in the country lately acquired from the Cherokees, 
On the banks of the river Savannah, and at the distance 
of about three hundred miles from Charleston, he erect- 
ed Fort Prince George, within gun shot of an Indian 
town called Keoovee. It was square, and had an earth- 
en rampart about six feet high, on which stockades were 
fixed, a ditch and a natural glacis on two sides, with 
bastions at the angles, on each of which four cannons 



S8 CHAPTER [175a 

were mounted : It contained barracks for four hundred 
men. About one hundred and seventy miles down the 
river, was built Fort Moore, on a much smaller scale. 
Andrew Lewis was sent, by the earl of Loudon, to build 
another fort on Tennessee river, on the southern bank, 
at the highest point of the navigation, opposite to the 
spot, on which Tellico block house has since been pla- 
ced, about thirty miles from the present town of Knox- 
ville: the fort was called Fort Loudon. These strong 
holds, with those of Frederica and Augusta, formed a 
strong barrier against the Indians, and the protection 
they afforded, induced the inhabitants to advance to- 
wards the western parts of the provinces of North and 
Souti) Carolina. 

Andrew Lewis informed governor Dobbs that, on his 
arrival at Chota, he had received the kindest usage from 
Old Hop, the little carpenter, and that the Indians in 
general expressed their readiness to comply with the 
late treaty with the Virginia commissioners (Byrd and 
Randolph). They manifested these disposition while 
the fort was building ; but, when it was finished, and 
they were pressed to fulfil their engagements and send 
warriors to Virginia, they equivocated. Andrew Lewis 
observed, that the French and their Indian allies, the 
Savannahs, kept a regular correspondence with the 
Cherokees, especially those of the great town of Tellico. 
He expressed his opinion, that some scheme was on 
foot for the distress of the English back settlers, and that 
the Cherokees greatly inclined to join the French. 
While he was at Chota, messages had come to the little 
carpenter, from the Nantovves, the Savannahs, and the 
' French, at the Alabama Fort. He took notice that the 
ebjects of the communications were industriously con- 



1 757 J THE FIFTH. 89 

cealed from him, and diat a great alteration, in that chief's 
behaviour towards him, had ensueil. In return, towards 
the latter part of September, a Frenchman who had lived 
for a considerable time among the Cherokees, accompa- 
nied by a Cherokee wench who understood the Shawa- 
nees tongue, went from Chota to the Alabama Fort, and 
to the Savannah Indians. The object of his visit to the 
French, was to press them for the accomplishment of a 
promise the commander of the fort had made, to send 
and have a fort built among the Cherokees, near the town 
oi Great Tellico. The communication concluded by- 
observing, that the Indians had expressed a wish that 
captain Dennie, sent by the earl of Loudon, with a corps 
of two hundred men to garrison the fort, might return 
to Virginia, the Indians being displeased at seeing such 
a large number of white people, well armed, among 
them, expressing a belief, that their intention was to de- 
stroy any small force that might be sent, in order to take 
the fort and surrender it to the French. 

On this information, captain Hugh Waddle was sent 
with a small force to reinforce captain Dennie. 

In the month of January, governor Dobbs went to 
Philadelphia to attend a council, composed of the gover- 
nors of the southern provinces, called thither by the earl 
of Loudon, in order to concert measures for their pro- 
tection while the commander in chief would carry on. 
more important operations in the northern provinces. 

Preparations had been early made, for an expedition 
against Louisbourg. A general embargo was laid in 
the beginning of March, on all vessels throughout the 
provinces, from Nova Scotia to North Carolina : it con- 
tinued until June. The object of it was to procure 
shipping for the transportation of soldiers, provisions, 

N. CARO. II. 12 



go CHAPTER [ITot 

stores, artillery, &c. Four hundred and fifty men, of 
of the first battalion of Amtrican royalists, were ordered 
to South Carolina, under colonel Bouquet. 

In the latter part of June, the transports sailed from 
the different provinces to Halifax : they carried about 
six hundred regular troops. In their passage, they es- 
caped bL'ing taken by a French fleet, which had been 
cruising about five days before, near the mouth of the 
harbor. Five weeks were spent, at Halifax, in holding 
councils. The result of these deiibt rations was the 
determination of laying aside the expedition against 
Louisbourg. In the meanwhile, the marquis de Mont- 
calm, availing himself of lord London's absf^nce, pro- 
ceeded to Crown Point, with about ten thousand men, 
consisting of regular troops, Canadians and Indians, 
from whence he marched to Fort William. Having, 
after a siege of five or six days, taken and demolished it, 
he made the garrison, which consisted of about two 
thousand men, prisoners of war, made himself master of 
a large quantity of provisions and stores, and secured 
the entire possession of the lakes. 

Some time after his return from Philadelphia, gover- 
nor Dobbs received an application for succour, from the 
province of South Carolina. Governor Lyttleton in- 
formed him that the neighboring Indians, excited by 
the French, grew daily more troublesome, and the colo- 
ny found itself unable to resist them without aid. The 
legislature was, thereupon, convened : they held their 
fourth session at Newbern, on the 16th of Ma v. An aid 
was granted to the king, for the relief of the sister pro- 
vinces and for the defence of the frontiers. 

Parliament, this year, at the king's recommendation, 
granted a s-um of fifty thousand pounds sterling, to the 



1757] THE FIFTH. 9j 

provinces of Virginia, North and South Carolina, as an 
indemnification from the expenses of war. The pro- 
portion of North Carolina was three fourths of fifteen, 
thon.^and dollars. 

The general assembly held its fifth session at New- 
bern, on the 20th of November. Governor Dobbs ob- 
served, that the affairs of Europe, Great Britain and the 
American provinces, were now in a most critical situa- 
tion, by means of a most unnatural alliance, entered into 
between the houses of Austria and France, into which 
they had drawn the empress of Russia, against the only 
protestant power of Germany, who could support its 
civil and religious liberties ; he said the king's German 
dominions were overrun by a superior French army, 
and, consequently, the protestant interest of Germany 
and the rest of Europe was in the greatest danger; and 
all the forces the king had been able to spare, for 
the relief of his American provinces, had not been suffi- 
cient to dislodge the French, from their encroachments 
on the frontiers of the British dominions, in America, 

He informed the houses of the late parliamentary 
grant, and of the arrival of the artillery and ordnance 
stores for Fort Johnston, and hoped that these instances 
of the king's paternal goodness might animate them to 
contribute with zeal, to the support of the expenses of 
the war. 

He drew their attention to an evasion of the clergy 
law, common in many counties. The inhabitants 
combining to elect such vestrymen as they knew would 
refuse to act; he noticed the great defects in the inspec- 
tion laws. 

An act was passed, granting an aid to the king, for the 
subsistence of the troops, necessary to be kept for the 



Chapter [1758 

defence of the province, and for keeping up the fortifi- 
cations on the sea shore. Authority was ^iven to Ed- 
mund Atkins, who had lately been appointed by the 
king, superintendant of Indian aiTairs, to regulate the In- 
dian trade, with a view to unite the tribes in alliance with 
the British, and strengthen their attachment, some trif- 
ling amendments were made in the inspection laws ; but 
the governor's recommendations in regard to the vestry 
act was entirely disregarded. 

At the close of this year, the affairs of Great Britain 
in America, bore a gloomier aspect than at any other pe- 
riod. The siiccess of the French arms on the lakes, 
and the untoward issue of the late ex[)edition against 
Fort Duquesne, left them the almost undisturbed 
possession of the Indian country, and consequently, an 
absolute influence over most of the tribes. The British, 
on the contrary, were confined to a relatively nar- 
row slip of land, between the Allegheny and the 
Atlantic. 

Early in the following year, a circular letter from the 
new minister, William Pitt, assured the governors of 
the American provinces, that, in order to repair the 
losses and disappointments of tlie late inactive campaign, 
it had been determined to send a formidable force, by 
sea and land, against the French in America ; and he 
called on them to raise and procure as large bodies of 
men, within their respective governments, as the num- 
ber of inhabitants might allow. Arms, ammunition, 
tents, provisions and boats, would, he said, be furnished 
by the crown; but it was expected the provinces would 
clothe and pay their men. Assurances were held 
out of a recommendation to parliament, to indemnify 
the colonies. 



i758j THE FIFTH. 93 

Accordingly, admiral Bopcawen arrived early in 
the spring at Halifax, with a formidable fleet and 
about twelve thousand chosen troops, under the or- 
der of Sir Jeffrey Amherst. The command of the 
Britisl> forces in America, on the departure of lord 
Loudon, had devolved on general Abercrombie, 
who when joined by Sir Jeffrey, found himself at 
the head of the most powerful army ever seen in 
the new world. His whole number, comprehend- 
ir)g troops of every description, was fifty-two thou- 
sand, two thirds of whom were Americans. 

Three expeditions were proposed for this year, 
one a£;ainst Louisburg, another against Ticondero- 
ga and the last against fort Duquesne. 

This was the one in which the southern provin- 
ces felt a principal, because of a more immediate 
interest. Their exertions were commensurate 
with it. 

The legislature that sat at Newbern on the 
28th of April, granted an aid to the king, for aug- 
menting the troops, then in the pay of the province, 
to he sent to reinforce the army which was under 
the command of general Forbes, to march against 
fort Duquesne, to pay them while in that service, and 
for placing garrisons in the forts of the province. 

The town of Hartford, in the county of Perqui- 
mans, was established this year. 

The season requiring the labors of the husband- 
man, the legislature rose soon after passing the aid 
bilL 

On the 8th of July, general Abercrombie attack- 
ed the French entrenchment at Ticonderoga, near 
lake George, but after a desperate push, he was 



94 CHAPTER [1758 

obliged to retire with great loss to bis old camp on 
lake George, to avoid a total defeat. 

Admiral BoRcawen and Sir Jeffrey Amberst were 
more fortunate, and about tbe same time reduced 
the fortress of Louisbourg and soon after conquered 
the whole island of Cape Breton. 

On tbe 27th of August, colonel Bradstreet took 
fort Frontenac and destroyed provisions and am- 
munition to a vast amount. He sunk seven vessels 
on the lake, took two and burnt the fort to the 
ground. 

The general assembly beld its seventb session in 
tbe town of Edenton, on the 23d of November. 
After acquainting them with tbe late successes of 
the king's arms, governor Dobbs impressed on their 
attention tbe necessity of protecting tbe sea coast; 
privateers often coming in, cutting out vessels from 
their moorings and sometimes even insulting the 
plantations near the shore; be also recommended 
objects of domestic concerns. 

In compliance with the 2:overnor's recommenda- 
tion, an aid was granted to the king for tbe support 
of the establishments of fort Johnson and fort Gran- 
ville. 

On tbe report of a committee of tbe two bouses, 
appointed to view the country near Neuse riven 
and report the most elligiblespot for tbe seat of the 
government of the province, an act was passed for 
establishing a city to be called Tower Hill, on a 
plantation belonging to governor Dobbs, on Coten- 
ney creek, near the spot on which the court house 
of the county of Greene now stands. A governor's 
bouse and such buildings as the service of the pro- 



1758] THE FIFTH. 95 

vince required were directed to be built there. 
The new city was declared the seat of the govern- 
ment of the province; but the operation of the act 
was suspended till the king's pleasure was known. 

The superior court for the couiities of Edge- 
combe. Granvilleand North Hampton was removed 
from Enfield to the town of Halifax. 

The counties of Ldgecombe and Johnston were di- 
vided, and the western part of the latter was erected 
into a new county, which, in honor of the governor, 
was called Dobbs; and the northern part of the for- 
mer into another, to which the name of Halifax was 
given; and a town was erected on the east side of 
Little river, in the county of Pasquotank, which was 
named Nixonton, after the owner of the soil. 

Soon after the rise of the legislative body, ac- 
counts reached the province from general Forbes, 
to whom the conduct of the expedition against fort 
Duquesne had been entrusted, that he had march- 
ed as early as the month of July, with the main bo- 
dy of his army. The delays in procuring the rein- 
forcements from the different provicices, and the dif- 
ficulties, opposed by the ruggedness of the country, 
were so great, that the general did not reach fort 
Duquesne untill the month of November. His force 
was eight thousand men. Alarmed at the ap- 
proacii of so formidable an army, t!ie garrison, de- 
serted by the Indians, abandoned the fort the even- 
ing before the general reached it, and escaped 
down the Ohio. 

The British changed its name, calling it fort Pitt, 
in honor of a tavorite minister. Tiie occupation of 
this post was an object of vast moment to the Brit- 



96 CHAPTER [1755 

ish, and the southern provinces contemplated in it 
the guarantee of their future security. It had ena- 
bled the enemy to command the numerous nations 
of Indians, dweUing along the Mississippi, and with 
them they made frequent incursions on the western 
settlements of the colonies. The Indians, who gen- 
erally side with the stronger party, observing the 
defection of their former allies, were found ready to 
accept the protection of the combined forces; the 
opportunity was improved and a treaty entered into 
with the nations between the Ohio and the lakes. 

The joy, which the reduction of fort Duquesne 
excited in North Carolina, was not. however, of long 
duration: the flight of the French southwardly dis- 
appointed the hopes of security, which the success 
of general Forbes had created. The scene of ac- 
tion was only changed and brought nearer; and 
while danger ceased to be apprehended from the 
northern Indians, theCherokeesand their neighbors 
began to excite the fears of the inhabitants of the 
western counties. 

These Indians had uniformly assisted the British 
in their different attempts against the French, in 
compliance with the stipulations of treaties. The 
horses, in this part of America, running wild in the 
woods, were considered as the property of the first 
captor: and while the Cherokees returned home, af- 
ter having left the army of general Forbes, a num- 
ber of them, having been dismounted, seized such of 
those animals as they found on their way through 
the back settlements of Virginia. The injury was 
vindicated by arms, before any attempt was made to 
redress it bv less violent means. Twelve or four- 



!758] THE FIFTH. - 97 

teen of the Indian warriors were killed and a greater 
number made prisoners. It is not surprising that the- 
Cherokees, among whom rules of property are not very 
accurately defined, should liave bten greatly provoked by 
a treatment which, cruel as it would have been under 
different circumstances, was aggravated by that of its 
being committed against men, mnny of whom had suf- 
fered, b 'en wounded, and lost several of their relations 
and friends in the defence of the aggressors. Some of 
the Indiana reached their towns, besmeared with blood, 
and when they informed their friends they had been 
wounded by their white allies, who had murdered their 
companions, indignation rose to its highest pitch. The 
relations of the dead and the wounded ran furiously 
about, supplicating their countrymen to follow and as- 
sist them in avenging their wrongs. In vain the aged 
chiefs endeavored to prevail on the young warriors to 
delay the hour of satisfaction, till it could be ascertained 
whether the governor of Virginia would not afford it, at 
their solicitation. The nation excited to hostihty by the 
arrival of a number of French soldiers, who were plen- 
tifully supplied with spirituous liquors and who eagerly 
iniproved this golden op|)ortunity of spurring on the In- 
dians to vengeance, prevented the old chiefs' advice 
from being listened to; supplied with arms and ammu- 
nition by their new guests, scattered parties of Indians 
marched 10 the frontiers of Virginia, North and South 
Carolina. 

The first blow was struck in the neighborhood of fort 
Loudon. Soldiers of thdt garrison, who had been se- 
curely huntini>; in the Wf)ods around the fort, were found 
murdered. The unrelenting foe proceeded along the 
border of the back settlements of the whites, dealing, 

N. CARO. II. 13 



98 CHAPTER. ftTS^ 

indiscriminately, destruction and death among the old 
and young, the softer sex, the innocent and p:uilty. 

Scenes of disorder, though of a less bloody kind, dis- 
turbed the interior part of North Carolina. Some of 
the inliabitants of that portion of the province, the lands 
of which had been allotted to lord Granville, believing 
themselves injured by the conduct of Francis Corbin^ 
his agent, embodied themselves, and marched in great 
disorder and tumult through several counties, ill treat- 
ing those who refused to join or supply them with pro- 
visions, came to the town of Edenton and forcibly took 
the man from his house, and, in spite of the representa- 
tions of the decent and orderly part of their fellow -citi- 
zens, triunrphanlly led their prisoner away. After a 
march of about sevent}^ miles, they permitted him to re- 
turn, on his giviug bond for his future better behavior. 

On the 8th of May, the legislature met at Newbern: 
no business of a public nature was completed, and the 
houses were prorogued after passing two private acts. 

In the month of July, Sir William Johnston took the 
fort at Niagara, having defeated a large body of French 
troops, who had came to its relief, and soon after Sir 
Jeffrey Amherst possessed himself of Ticonderoga; the 
enemy having abandoned their lines on bis approach 
and set fire to the fort. Crown Point also fell into his 
hands. 

On the 17th of September, the city of Quebec surren- 
dered to the British arms, after a very obstinate siege, 
during which, \general Wolfe and Monsieur de Mont- 
calm, the commanders of the two armies, lost their 
lives. 

In the month of August, the court laws, passed in 
December 1754, were repealed by proclamation. 



i759] THE FIFTH. ^2> 

The ninth session of the assembly, called by governor 
Dobbs on his arrival in the province, was held in the 
town of Wilmington, on the 20th of November. la 
meeting the houses governor Dobbs observed, that the 
late success of the king's arms rendered any supply for 
the aid of the northern provinces unnecessary, but as 
the war would probably be continued, until a safe and 
honorable peace was obtained, by driving the French^ 
from the continent and ruining their marine, forces 
were necessary to check the unruly behaviour of the 
Cherokees; he recommended that the two companies of 
foot, in p ly of the province, should be placed in the ser- 
vice of the fortifications. 

He lamented the great deprecietion of the currency, 
which was received at a nominal discount of 33 1-3 per 
cent, while the real one wis from 70 to 90 per cent, in 
stcrlinj2: money. This evil, if not early remedied, he 
said, would soon put an end to the credit of the province 
and be the ruin of its trade. 

He recommended the passage of a court law; those 
which had be«^^n in force since his arrival in the pro- 
vince having lately been repealed by order of the king 
in council. 

By a subsequent message, he drew their attention to 
a defect in the militia law, which had lately proved of 
great inconvenience: the detachment of the militiar 
which had been ordered against the Cherokees, unde, 
colonel Waddle, having refused to proceed against them, 
on the pretext that the colonel was leading them out of 
the limits of the province. 

A new court system was introduced : it provided for 
the establishment of a court of kino-'s bench and com- 
mon pleas : the bill passed the lower house, on its third 



100 CHAPTER ^ [1759 

reading : in the upper, several amendments were insist- 
ed on ; it was required, that a clause, which forbade 
the chief justice to receive any part of the fees of the 
clerks, be expunged, as derogatory of the honor of that 
officer, as well as a clause for borrowing from the sink- 
ing fund a sufficient sum to discharge the salaries of the 
associate justices and attorney general. This produced a 
message from the lower house, in which they observed 
that the practice which had hitherto prevailed, of the chief 
justice exacting from the clerks a considerable propor- 
tion of their legal fees, had been the cause of their being 
guilty of great extortions, whereby the superior courts 
had become scenes of oppression, and the conduct of 
the chief justice and clerks a subject of universal com- 
plaint : they admitted, that the late chief justice, Peter 
Henly (whose death was lamented by all who wished 
to see the hand of government strengthened, the laws 
duly executed, and justice impartially administered) 
from a pious sc^nse of the obligations ox his oath, had con- 
formed to the act of 1748, for regulating officers' fees, 
but they thought themselves bound in duty to their con- 
stituents to provide against the pernicious effects of a 
contrary conduct: they expressed their hope, that the 
new chief justice (Charles Berry) would think his pre- 
decessor's laudable conduct in this respect worthy of 
imitation, arid, in that expectation, were willing to leave 
him, in this regard, in the same situation as chief justice 
Henly had been. As to the money proposed to be bor- 
rowed out of the sinking fund, they observed, that the 
contingent fund was upwards of two tl.ousand pounds 
in arrears, and as no method appeared more eligible, 
they offered to advance the sum upon the tax by which 
the money was to be replaced. The upper house per- 



1759] THE FIFTH. ,501 



sisted in their proposition to strike out the clause for the 
loan, and that the salaries should be paid by a tax, to 
commence in the following year. The lower house re- 
plied, that the salaries were not the only object of the 
loan ; that to oblige the creditors of the province to 
wait until money was -collected by a tax, would be an 
injurious treatment, which would sensibly affect its 
credit : they added, that the measure was adopted in 
conformity to several precedents on similar occasions, par- 
ticularly the one first proposed and afterwards insisted on 
by the upper house, where two thousand eight hundred 
pounds were applied to the chief justice's salary, that of 
the attorney general and other contingencies, to be re- 
placed in four years by a tax, when the very law under 
whicb the money was signed, expressly provided it 
should not circulate for any use whatever, until the 
king's pleasure was known : notwithstanding which, 
the lower house had been so careful, to avoid every valid 
objection against a bill of such importance to the pro- 
vince, that they had forborne to insert the clause, rela- 
ting to the application from the sinking fund, until they 
had ascertained, that it was not contrary to the king's in- 
structions. They lamented being reduced to the disa- 
greeable necessity of framing bills to supply the place of 
the valuable laws which had been lately repealed, through 
misrepresentations, originating in interested views, ever 
incompatible with the public good : they reminded the 
upper house, that the salaries of the chief justice and 
attorney general were at first intended by the legislature, 
as matters of meie compliment, at a time, when the pro- 
vince was in a prosperous situation : they added, that as 
no other expedient could be found at ihe present junc-^ 



202 CHAPTER [1759 

ture to defray that expense, should the upper house re- 
ject the bill on that account, care must be taken in fra- 
ming another court bill, not to insert any clause, how- 
ever necessary, that may introduce the least charge on 
the province ; and concluded with a hope, that if the bill 
miscarried, the most sincere endeavors of the lower 
house would be accepted, by their unhappy constituents, 
in lieu of the^ valuable advantages which the bill was 
calculated to produce. 

The upper house continued to insist on the clause be- 
ing struck out, as the breaking in upon the sinking fund 
would give a deadly blow to public faith, and pressed 
the assembly to weigh the fatal consequences that would 
attend the rejection of the bill. • 

In their second message, tfie lower house admitted the 
impropriety of an application from the sinking fund, 
which necessity did not imperiously call for, but they de- 
clared it impracticable, without it, to pay the debts of the 
province, or to attain the valuable ends, intended by the 
bill. As the sum, intended to be borrowed, did not ex- 
ceed two thousand five hundred poimds, and was to be 
replaced by a tax which would commence in 1763, the 
currency of the province would not be depreciated, nor 
any individual prejudiced. They concluded by observ- 
ing, that on the most mature consideration of the mes- 
sage of the upper house, such were the sentiments of 
the lower, from which they could not depart, and refer- 
red it to the consideration of that body, whether the pub- 
lic good would not be better promoted by the passage, 
than by the rejection of the bill. 

The upper house voted that the bill be rejected, un- 
less the lower house would on the next day signify their 
consent, that the clause should be stricken ouU 



17591 THE FIFTH. 103 

On being informed of the provisional fate of the bill, 
the lower house replied, that rather than to see the pro- 
vince reduced to the confusion and disorder which the 
want of courts must necessarily introduce, they would 
agree to expunge the clause, and with it such parts of 
the bill as allowed salaries to the chief justice, his asso- 
ciates and the attorney general, which appeared to them 
a necessary consequence of the clause, objected to. 

On reading this last message, the upper house reject- 
ed the bill absolutely. 

An attempt was m^de in the lower house to pass a 
bill for an emission of paper money, but the governor 
communicated to them an article of his instructions, 
which required him to withhold his assent from any bill 
for the emission of paper money, unless it contained a 
clause, that neither the bills proposed to be emitted, nor 
those hitherto issued, should be a legal tender. 

An aid was granted to the king for the subsistence of 
the troops and militia now in the pay of the province ; it 
was directed to be paid out of the fund, heretofore appro- 
priated for the purchase of glebes and the establishment 
of schools, the king not having signified his pleasure on 
that appropriation. 

Parts of the counties of North Hampton and Chowan 
were erected into a separate county, to which the name 
of Hereford was given. 

The province rapidly increased in population, and al- 
though its prosperity was considerably checked by the 
great exertions which were required from it for the sup- 
port of the war ; yet, as it was exempt from the ravages 
of the enemy within its own limits, except on its west- 
ern border, it extended its agriculture and i.icreased its 
trade. The culture^of tobacco had been successfully at- 



i04 CHAPTER [1759 

f 

tended to in the middle counties, and inspection and 
ware houses for that commodity were now established 
on the river Neuse and its branches. 

The commerce of the ports on Neuse and Pamplico, 
having more to apprehend from the difficult navigation 
of those rivers, than from any immediate attack from the 
enemy, against which it was protected by a kind of natu- 
ral fortification, the powder and lead duty, hitherto col- 
lected in kind, was directed to be received in money, 
and the proceeds of it applied to the erection of beacons 
and the stak-^age of the channels of those streams. A 
similar provision was soon after made for the improve- 
ment of the navigation from Howard's bay to Bear in- 
let, in the county of Onslow. Extensive new roads 
were laid out in the interior part of the province, and at- 
tention paid to the erection and improvement of the 
public buildings in the counties. 

A tract of land, in the county of Orange, one of the 
westermost, had been laid off by an individual, W. 
Churton, on Enoe, one of the branches of Neuse river, 
on which a number of houses had been built. The 
healthiness of the spot and its convenient situation for 
an inland trade, induced the legislature to give to the 
establishment, the saction of its authority. It was call- 
ed Childsburg, in honor of Thomas Childs, the attorney 
general of the province, a gentleman of considerable 
ability and influence. The name was afterwards altered 
to Hillsborough, either from the hilliness of the ground, 
or in compliment to Wells, earl of Hillsborough, the 
secretary of state for America. 

A bill passed both houses for the appointment of an 
agent, to solicit the affairs of the province in England; 
the governor withheld his assent from it. 



neOj THE FIFTH. 105 

On the 9th of January, governor Dobbs dissolved the 
assembly, complaining, in a speech of which a copy was 
refused to the speaker of the lower house, of their back- 
wardness in framing an acceptable court system, and 
laws to compel sheriffs to account for public moneys, 
und assisrninsj: as one of the causes of the dissolution, 
the long time the assembly had existed; nearly six 

vears. 

•I 

Governor Lyttleton, of South Carolina, on the first 
account of the irruptions of the Cherokees, on the bor- 
ders of the southern provinces, had embodied a con- 
siderable portion of the militia of his province, and de- 
termined on marching into the Indian towns and chas- 
tising the savages. While he was making his prepara- 
tions for that purpose, thirty-two Cherokee chiefs came 
to Charleston, with a view to represent to the governor, 
that the nation did not support the warriors who had 
committt'd acts of violence upon the whites ; that the 
chiefs had in vain attempted to restrain their young men, 
and were willing that satisfaction should be made, for 
these outrages, which the body of their nation reproved. 
The governor refused to listen to these overtures of 
peace and set out for Congaree, a place at the distance 
of about forty miles from Charleston, which he had ap- 
pointed for the general rendezvous of the militia. The 
Cherokee chiefs were induced to accompany the gover- 
nor thither. He had represented to them, that, although 
he was determined on marching into their country, as 
they had come to him as embassadors of peace, he would 
see that they returned unhurt, into their towns ; but, 
as the whites were much exasperated, he could not an- 
swer for the treatment the chiefs might receive, if they 
exposed themselves alone to their resentment. The 

N. CARO. n. 14 \ 



IG^ CHAPTER it1lB9 

Indians marched to Congaree, apparently satisfied ; but 
in reality, chagrined and vexed, at the manner in which 
their unfeigned attempts to conciliate differences, had 
been received. On his arrival at Congaree, governor 
Lyttleton confined the thirty-two Indian chiefs, as pris- 
oners of war; and when the army marched, a cap- 
tain's guard was mounted over them, on the way ; 
they were made to accompany the army to Fort Prince 
George, and on their arrival there, were confined in a 
miserable hut, scarcely sufficient for the accommodation 
of six soldiers. Shortly after, the governor concluded 
a treaty of peace, with six of the headmen of the Chero- 
kee nation, by which it was agreed, that the Indians, in 
his possession, should be kept as hostages, confined in 
the fort, until an equal number of the Indians, guilty 
of murder, should be delivered up to him; that trade 
should, in the meanwhile, be opened and carried on as 
usual: that the Cherokees should kill or make every 
Frenchman prisoner, who should presume to come into 
their nation, during the continuance of the war ; and 
that they should hold no intercourse with any of the en- 
emies of Great Britain, but should apprehend any per- 
son, white or red, found among them, that might be en- 
deavoring to set the English and Cherokees at variance. 

Early in the year, governor Dobbs received de- 
spatches from Mr. Pitt, informing him, that the king 
had resolved to exert the whole force of Great Britain 
and her colonies, to finish the war in the ensuing cam- 
paign, and instructing him to use his utmost influence 
with the legislature, to induce them to raise, with the 
utmost despatch, as many men as the province could 
spare. 

Writs of election were accordingly issued, and the 
legislative body was summoned to meet at Newbern, 



neOj THE FIFTH. 107 

on the 24th of April. In the county of Orange, a num- 
ber of disorderly persons rose in arms, and, in a violent 
and riotous manner, prevented the sheriff from holding 
an election. The inhabitants of the town of Halifax, 
claiming the right of being represented in the lower 
house, under the act of 1715, and governor Dobbs re- 
fusing to grant them a charter, prevailed on the sheriff of 
the county to hold an election, and to return Stephen 
Dewey, the person whom they chose. He was suffered 
to take his seat. 

In opening the session, the governor expressed the 
pleasure he felt in meeting a new assembly, and his 
hope, that the great and surprising success of the king's 
arms, and the distress and ruin of the trade and marine 
of France, in which the assistance of Divine Providence, 
was eminently dis[)layed in the defence of the Protestant 
religion and the cause of liberty, would induce them to 
use their utmost power, in coiij unction with the king's 
forces from Europe, to drive the French from all unjust 
acquisitions on the continent, and procure ample secu- 
rity, from the invasions and depredations of the French 
and Indians; 

He recommended the earliest attention to a court sys- 
tem, and the appointment of an agent in England, by a 
special bill. 

The lower house, in their answer, animadverted on 
the speeches of the governor to th^' last assembly, at the 
prorogation and dissolution. They observed, that the 
bill framed by the house had no other object, than the 
grant of an aid to the king, and the appointment of an 
agent, as recommended by Mr. Pitt; and in no other 
instance, had he, or any of his prcd»ccssors, taken 
any exception at the manner in which a bill of supplies 



103 CHAPTER [1760 

was framed. In reply to the speech at the dissolution, 
they took notice, that the treasurers were, by law. to ac- 
count wiih the assembly : and the constant practice had 
been, for them to do so before a committee appointed by 
the house, who re-examined the accDunts on the report 
of their committee. With regard to the sheriffs, they 
admitted that they had observed several deficiencies in 
their collections; but, they added, that, in the con- 
fused state of the province, from the turbulent disposi- 
tion of factions, cabals and dangerous insurrections, it 
could not, with reason, be supposed, that sheriffs, more 
than magistrates or other officers, could fully discharge 
their functions; an inconvenience which they hoped 
would be removed, by the establishment of courts of 
justice on a respectable footing. They concluded, by 
assuring him, that those observations were dictated by 
their duty to their constituents, and not by a desire of 
raising disputes with him. 

The governor replied, that he had laid before the 
house the accounts lately forwarded from New York, of 
the sums, issued for the troops sent to that province, 
and ihe officers who served on the Ohio were ready to 
account for the sums they had received. He said no 
money had passed through his hands ; he had only is- 
sued orders, which the persons in whose favor they were 
had to account for. 

He said the loss of the aid bill was to be attributed to 
the clause, foreign to the object of it, which the house had 
insisted on inserting. 

. He added, that in regard to the accounts of the trea- 
surers, he had strictly pursued his instructions, which 
required him to see them properly audited, laid before 
the legislature, and afterwards transmitted to England : 



1760] THE FIFTH. 109 

that, if the king thought proper to withdraw his instruc- 
tion, he would gladly acquiesce : but he had thought it 
liis duty to inform the house, that the accounts were ir- 
regular, as no list of taxables were produced by the 
treasurer for the northern district, nor any arrcar return- 
ed, so that it could not appear what was the amount of 
the tax, nor whether the deficiency was occasioned by 
the sheriffs, or the neglect of the treasurers. 

The house passed a resolve, asserting their indubita- 
ble right to frame and model every bill wherein an aid is 
granted to the king, in such a manner, as they believe 
most conducive to his service, honor and interest, and 
declaring every attempt to deprive them of the enjoy- 
ment of that right, an infringement on their rights and 
privileges. 

By another resolution, they declared the mode, ob- 
served by the treasurers in statins: the accounts exhi- 
bited at the last session, agreeable to the laws of the pro- 
vince and conformable lo constant and uninterrupted 
usage, and the method proposed by the governor, unpre- 
cedented and repugnant to law. 

The houses gave their first attention to the passage of 
bills for establishing courts of law, which had three 
readings in each. 

By these acts, the courts of judicature, constituted 
and the regulations made for the administration of jus- 
tice, by the acts of 1754-5, which were repealed by the 
late order of the king in council, were re-established with 
some alterations and additions, in respect to the qualifi- 
cations of the judges of the superior court, the duration 
of their commissions and the jurisdiction of the inferior 
or county court. 



no CHAPTER [1760 

The superior court act divided the province into five 
districts, and apponited courts to be held in each of them 
semi-annually, by the chief justice and his associate 
judges, to whom j urisdiction was given in all civil cases, 
where the demand exceeded ten pounds, and also in all 
criminal cases, from the highest treason to the lowest 
trespass. 

It was provided, that no person should be appointed 
an associate justice of the superior court, unless he had 
been regularly called to the degree of an outer barrister, 
in some of the English inns of courts, be of five 
years' standing, and had practiced law in the princi- 
pal courts of judicature of the province: the commis- 
sions of the judges were to be during good behaviour. 

The county court act gave the justices jurisdiction of 
all civil actions to the extent of fifry pounds, and in cases 
of filial portion, legacies, distribution of intestates' estates, 
guardianship, the care of orphans and their estates, to 
any amount. 

The acts varied in so little a degree from those which 
had lately been repealed, that the lower house were un- 
der just apprehensions, that the governor's assent to 
them would not be easily obtained : they therefore re- 
presented to him in an address, that as the bills for re- 
storing the courts of judicature, and, through them, life 
to government and the rights and liberties of the people, 
appeared to be of such vast importance, they had thought 
it their duty to give them the preference over all other 
objects, and they had been despatched with unex- 
ampled unanimity and concurrence in both houses, and 
hoped their operation and excellence would distinguish 
the wisdom and justice of the legislature. 



1760] THE FIFTH. Ill 

They urged, that the extreme solicitude of the people- 
for such laws, and their own experience of the great 
mischiefs which had resulted from a long interval of li- 
centiousness, called on them to beseech him to give the 
acts his immediate assent, not only that a proper founda- 
tion might be laid for rendering so great a satisfaction to 
the people, but to warrant the house in proceeding to the 
despatch of other important matters. 

They added, they were thus eager to obtain his early 
assent to those laws, from a desire to proceed to frame a 
further remonstrance to the king, to show the expedien- 
cy of their deviation, in some articles, from what may 
have been considered his directions in framing the bills. 

The house strengthened their importunity by an as- 
surance, that they would exert every practicable endea- 
vour to demonstrate the strictness of their attention to 
the general objects which he had, so powerfully, recom- 
mended at the opening of tlie session. 

When this address v/as presented to the governor, he 
replied, that it was of an unusual and unprecedented na- 
ture, and he would consult gentlemen more con- 
versant than himself in those affairs. 

The governor discovered, by the manner in which he 
was pressed to give his assent to these bills, that the 
house intended to regulate their conduct by his, and if 
he rejected the bills, there was little probability of their 
paying much attention to his other recommendations. 
The bills were liable to all the objections, which had 
caused the repeal of those they were intended to replace ; 
nay, they were more at variance with the instructions 
of the crown. 

The clause, defining the qualifications of the judges, 
was an unconstitutional^ restraint on the king's preroga- 



i!2 CHAPTER [1760 

tive, almost precluding the appointment of any person 
from England ; and he had reason to believe, it was in- 
tended to compel him to appoint three particular per- 
sons, to whom the qualifications were peculiarly adapted. 
The clause, defining the nature of the tenure by which 
the associate judges were to hold their offices, consider- 
ed abstractl}^ was at variance with the principle of keep- 
ing all great colonial officers under a strict subordination 
to and dependence on the crown : but the irregularity 
of it was the more striking, in relation to the tenure by 
which the chief justice, who was to preside in those 
courts, held his office ; this officer, chosen by the king, 
being only appointed during the king's pleasure. 

The jurisdiction of the county courts was extended 
to fifty pounds, while it had been complained, that in the 
repealed bill it had been raised to forty. When the 
ability of the colonists was considered, causes of that 
value were viewed in England as of too great conse- 
quence and importance to be determined in those courts, 
in regard to the qualification and abilities of the persons 
who composed them. There was a still greater absurdi- 
ty, in restraining the jurisdiction of these courts, in 
common actions at law to a limited value, and giving 
them unlimited jurisdiction in cases of a more delicate 
nature. 

The governors of the American provinces, by a stand- 
ing article of their instructions, were inhibited from giv- 
ing their assent to any bill of an extraordinary nature, 
affecting the property of the king's subjects or the trade 
and commerce of the colonies, without having first trans- 
mitted a copy of it for the king's consideration, unless 
with a clause, suspending the operation of the bill till the 
king's pleasure was known : and the ministers in Eng- 



neo] , THE FIFTH. 118 

land were inclined to extend, rather than restrain, the 
sense of this instruction. 

Perplexed at his situation, governor Dobbs sought a 
cloak for his conduct, in procuring the sanction of the 
advice of the chief justice and attorney general, who 
were required to declare in writing, whether it was ex- 
pedient to assent to these bills. 

Chief justice Berry, who was in England and had 
been spoken to, when the repealed laws were before the 
king's council, answered, that as the superior court bill 
provided competent salaries for the associate justices, 
so as to make it worth the attention of persons of skilland 
learning in the law to accept the offices, whereby, not- 
withstanding the expettsiveness of the circuits, the causes 
depending in the superior courts might now, without 
delay, receive proper determinations, the chief reason 
for repealing the superior court act, passed in 1754, 
was thereby obviated ; and the attorney general, Tho- 
mas Childs, contented himself with observing, that the 
desperate situation of affairs required the governor's 
assent. 

The general expressions, in which those gentlemen 
couched their advice, did not authorize the belief that 
it would sanction the step, and the governor determined 
on temporising, at least till the passage of the aid bill. 

In a message to the lower house, on the following 
day, he expressed the greatest concern that, at any time, 
he should be compelled to resist the request of the 
house, and more particularly, at the present important 
juncture, when they were summoned to meet, by the 
king's order, to give him an aid of men. He lamented, 
that the consideration of the king's request, which 
ought to have been the first object of the attention of 

N. CARO. !!• 15 



114 CHAPTER [1160 

the legislature, had been postponed for above three 
weeks, to give way to laws relating only to the interior 
concerns of the province. 

He observed that it was his duty, in common decen- 
cy and respect to the crown, to give the precedency to 
an aid bill, over any other; that it had been the uninter- 
rupted usage of the houses of commons of Great Britain 
and Ireland, since the happy establishment of their con- 
stitutions and liberties, by the revolution in 1688, to 
offer the aid bill to the royal assent before any other; 
and he found this to be the practice in the province, 
where all the bills were offered together, except in a single 
instance, at the last session, in passing the militia bill, 
which might be considered as an aid bill, since it author- 
ized the king to march the militia out of the province. 

He concludtd by saying, it could not be very material 
if the bills, now waiting for his assent, were postponed 
for a day or more, and expressed his hope, from the 
zeal which the house had always manifested to enable 
the king to drive a cruel enemy from the continent; that 
if the aid bill was not passed before, it would at least go 
hand in hand with the others, especially as a delay in 
raising and discipUning the forces might defeat the king's 
views. 

The house replied, that they could not concur with 
him in the idea that the court bills, though relating to 
the interior concerns of the province, were of so light 
importance. When they considered how many licen- 
tious, disaffected and evil disposed persons had, for ma- 
ny months past, assembled in different parts of the 
country, entered into mutinous and dangerous conspira- 
cies, broken open the jails, and while they forcibly rescu- 
ed malefactors, restrained the liberty of innocent persons, 



1760] THE FIFTH. 115 

without any measure being taken to suppress these out- 
rages; they deemed it a matter of the utmost impor- 
tance, that couri laws might be immediately passed, to 
su'engthen tim hands of government and enable it to 
check these disorders. 

They added, that they apprehended that, according to 
the usage and custom of the British parliament, the 
commons were at liberty to ofter the bills they passed 
for the royal assent, at any time they thought proper, 
and were governed in this respect by particular circum- 
stances and the emergency of the times. 

Having at all periods manifested their loyalty to 
the kin^ and their zeal for his service, by granting 
every aid of money and men which the governor 
had asked, even to the impoverishment of their con- 
stituents, and being still ready to risk their lives and 
properties, to join in defence of the king's rights 
and possessions, they had now an aid bill before 
them, which, as well as several others under con- 
sideration, had such an intimate connexion with, 
and dependence on, the court bills, that they could 
not operate ti'l the latter were passed into laws, 
they felt it their indispensable duty to give them the 
precedency. 

They concluded with a hope, that the governor 
would immediately give his assent, and thereby af- 
ford protection and security to the lives and pro- 
perty of their constituents. 

The governor replied, that finding the house, mis- 
led by some of the king's servants, were determin- 
ed to proceed on no business until they knew the 
fate of the court bills, it became his duty to inform 



lie CHAPTER Lneo 

them, that those self interested gentlemen, who had 
procured the repeal of the former court laws and 
had carried the present bills through the houses, 
were the cause of the delay in their passage, as well 
as that of the aid bill; having procured to be insert- 
ed, an unnecessary clause, diminishing the king's 
prerogative, and, with a view to. serve their own 
ends, placed the chief magistpate in the unpleasant 
dilemma of betraying his trust and disobeying the 
king's orders and instructions, by granting his assent, 
or seeing a flame raised against his administration, 
if he withheld k: a flame which, one of those gen- 
tlemen had already raised, contrary to his duty t© 
the crown, in order to throw off" the merited blame 
of having procured the repeal of the former bills, by 
his artful recommendations and representations; 
while he now sought to have them re-enacted with 
supplementary clauses, contrary to the king's in- 
structions. 

As to the great tumults and riots, which w^re 
mentioned, as causes for the immediate passage of 
the bills, he observed, that during the period of 
eight months, since which, the repeal of the court 
laws had been promulgated, no application had 
been made to him for a commission of oyer and 
terminer, which would have answered the pre- 
tended purpose; if the court laws were indis- 
pensable, unexceptionable bills should have been 
offered him; and the house might have known on 
application in what parts they were repugnant to 
the king's orders and instructions, which might 

have been done, and the bills ratified early in the 

•it »' 

session. 



J 7601 THE FIFTH. 117 

He informed the house that he could not pass the 
bills, unless the exceptionable clauses were expung- 
ed, or a clause was inserted suspending the opera- 
tions of the laws until the king's pleasure was known. 
He laid before them the clauses in the king's in- 
structions which forbade his assent, in their present 
shape, to the bills, and concluded by observing, that 
after the aid bill and such other bills as were ready, 
were passed, he would prorogue the legislature for 
a day, to give them the opportunity, in a new ses- 
sion, to model the bills in such a manner, as might 
allow him to pass them into laws. 

The house went into a committee of the whole 
on the distressed state of the province and the 
governor's last message. They closed their doors 
and laid themselves under an injunction* of secresy, 
under pain of expulsion. The committee reported 
a string of resolutions, containing thei'r complaints 
against governor Dobbs; they were recapitulated 
in an address to the king, which the house approv- 
ed of. 

After the usual expressions of loyalty and fidelity 
to the person' and family of the king, this paper 
states, that no consideration less than the prospect 
of total ruin, from undue exertions of power and in- 
ternal commotion in his distressed province, could 
have induced the house to trouble his royal ear: 
but that, when by the injudicious and partial a^p- 
pointment of justices, unqualified for the trust, and 
the removal of others, liable to no objection, magis- 
tracy had fallen into contempt, and courts lost their 
influence and dignity; when rioters were permitted 
to assemble in several parts of the province, erect 



118 CHAPTER [176^ 

sham judicatures, imprison the peacable subjects of 
the king, break open jails, release malefactors with 
impunity; when the authors of these outrages were 
countenanced by the governor and honored with 
commissions as justices and militia officers; when 
citizens had received corporal punishment by the 
arbitrary mandates and private orders of judges still 
continued in office; when illegal and arbitrary pe- 
cuniary claims were enforced for the use of the gov- 
ernor and secretary; when the forms of writs of 
elections had been arbitrarily altered and diversi- 
fied, to have particular men chosen and defeat the 
elections of others: some writs directing the freehol- 
ders, other the inhabitants generally, to choose; by 
which last form, servants and even convicts might 
be admitted to the polls, whereas, by king Charles' 
charter, laws were directed to be made by the as- 
sent of freemen and their delegates; when a writ 
had been issued to one county for fewer members, 
than they had used and ought to send, and to an- 
other none at all, till several bills had passed: by 
which practices it remained no longer a secret, that 
the governor intended to model the assembly for 
his own particular purposes, as he had before re- 
formed the council b}' suspensions and new appoint- 
ments; when insulted by blood thirsty savages on 
the exterior settlements, and in no less danger of 
falling a prey to niternal enemies, the people of the 
province could only resort to their sovereign for 
succour, as the fountain from whence justice and 
protection flow to his most distant subjects. 

The facts thus enumerated, are represented as far 
from forming a complete catalogue of the sufferings 



J 

1760] THE FIFTH. 119 

of the inhabitants of the province, who, nevertheless, 
have, vi'ith great cheerfulness and alacrity, embrac- 
ed every opportunity of testifying their zeal and 
loyalty to the king, and exerted their utmost efforts 
in the maintenance of his rights. 

The house expressed their concern, that in the ap- 
plication of the several aids, which had been under 
the governors directions, less regard had been paid 
to the usef ]1 purposes, intended by the legislature, 
than to enriching his particular friends and favor- 
ites; military commissions having been granted to 
persons of little or no weight in the province, 
whereby the raising of recruits had been delayed 
and the service injured. 

They lamented, that it had been the particular mis- 
fortune of the province, that, by the governor's decisive 
influence on the council, the assembly had hitherto been 
prevented from appointing an agent, to represent their 
dutiful affection to the king and solicit the provincial 
affairs at the public boards in England ; and that, at the 
session of the legislature, in May, 1759, provision had 
been made for such an appointment ; but the bill was 
peremptorily rejected by the upper house, who assigned 
no reason ; and the governor, thereupon, prorogued 
the legislature, bitterly reproving the lower house, for 
presuming to insert a clause for the appointment of an 
agent, in an aid bill, although such bills, with clauses 
as little analagous to the aid, had, without the least ex- 
ception, been before passed in his administration ; and it 
was notorious, that the trne reason for the rejection of the 
bill by the upper house, and the governor's displeasure, 
Avas, the agency had not been given, by the lower house, to 
one Smith; his attorney m London. So that the aid^ 



120 CHAPTER (1760 

intended by the king's dutiful subjects, recommended 
by the minister, had been postponed to gratify partial 
views and private interest, while the motive was veiled 
with feigned objections and subtile refinement, never 
before offered to an assembly. 

In concluding, the house observed, that they refrained 
from mentioning many abuses of power and acts of 
oppression, other than those which, constrained by the 
necessity of the times and the despondent situation of 
the province, they had related ; and that nothing less, 
, than the impending prospect of desolation and ruin, 
could have induced them to remonstrate against the 
conduct of a governor, to the ease and happiness of 
whose administration, they had vainly endeavored to 
contribute ; that, for some time, they had remained pas- 
sive, under the yoke of oppression, unwilling to inter- 
rupt the important avocations which necessarily engage 
their sovereign's attention ; but, perceiving themselves 
on the brink of anarchy and ruin, they, with humility 
and duty, supplicated his justice for relief. 

They charged Anthony Bacon to deliver the address 
to Mr. Pitt, to be presented to the king, and the spea- 
ker was requested to write and send copies of it, to the 
earls of Granville and Halifax, and the secretary of 
state. 

The thanks of the house were given to the attorney 
general, for the candid advice he had given the governor 
to pass the bills. 

The house addressed the governor again : they be- 
wailed, that he had suffered his ear to be assailed by de- 
signing men, and the evils that flowed from the incom- 
petency of some of the judges he had appointed ; and 
added, that the delays, occasioned by advisari's ^ in 



1760] THE FIFTH. 121 

causes plain and easy to be understood by lawyers, and 
the erroneous judgments given by those lay judges, 
abundantly showed, the necessity of the qualifications 
required by the upper court bill : they observed, that, 
not to mention other instances, the corporal punishment, 
inflicted by order of his nephew, Richard Spaight, one 
of the judges, on an innocent person, without a trial by 
jury, contrary to all law, and in violation of the great 
charter of English liberties, was an unanswerable argu- 
ment in favor of the proposed amendment, and the per- 
tinacious adherence to the letter of an instruction, in a 
matter that could not have been in contemplation, at the 
time it was given, manifested an unreasonable desire to 
retain the power of appointing judges, for private views 
and partial ends. 

They expressed their concern, that they should differ 
in sentiment from him, having made it their study to 
render him easy and happy, and, when their best endea- 
vors for the king's service, and the interest of his sub- 
jects, were represented in the most disagreeable light, 
they could only say, they had the comfort of a good 
conscience. 

In regard to the commissions of oyer and terminer, 
for the trial of the licentious rioters, who, by their dan- 
gerous practices, had disturbed, with impunity, the 
tranquility of the province, the house apprehended, 
that, from the general defection in the part of the 
country in which they committed their outrages, the 
commissions would have no other effect, than to 
bring the rage of unruly mobs on those who should 
act under them ; and they expressed their concern, 
that these mobs increased in number and influence, 

N. CARO. II. 16 



122 CHAPTER n [nm 

by several of their ringleaders being countenanced by 
the governor, and honored with commissions, as justices 
of the peace and militia officers. 

They concluded, by lamenting, that the chief justice 
and attorney general should have incurred his displea- 
sure, by giving their candid sentiments, in consequence 
of his command, on some insnaring questions proposed 
on extracts of his instructions. 

The governor rejected the superior court bill. 

An act was passed, establishing county courts, and 
provision was made for the support of an orthodox 
clergy. 

On the 23d of May, the the legislature was prorogued 
by proclamation, till the 26th of the same month. 

On opening the second session, governor Dobbs in- 
formed the houses he had called them together with the 
view of affording them the opportunity of re- consider- 
ing the superior court bill, and determining whether any 
aid was to be granted to the king. 

The su{)erior court bill being offered to the governor, 
with a clause providing, that, if the king did not con- 
firm it within two years from the 10th of November fol- 
lowing, it should, from thenceforth, be null and void, 
received his assent. 

The upper house having made an amendment to the 
aid bill, on its second reading, the lower house resolved, 
that this was an invasion of their privileges, and an evi 
dence of an intention to disturb the harmony, which ought 
to subsist between the two branches of the legislature, 
tending to dcieai their dutiful endeavors in granting the 
aid ; but, protesting that the amendment should not, 
he rcaftf r, be drawn into a precedent, they resolved, that 
desirous of evincing their loyalty to the king, they would 



1760] THE FIFTH. 123 

not reject the bill, and would proceed on it, notwith- 
standing the unparliamentary proceeiling of the upper 
house. 

On the third reading of the bill for appointing an 
agent, the upper house opposed the appointment of 
Anthony Bacon, and insisted on the name of some other 
person being inserted. On the disagreement of the 
lower house, t^ie bill was rejected. 

The lower house then, by a resolve appointed this 
gentleman, agent of the province for two years, with a 
salary of two hundred pounds sterling, per year. 

The aid bill passed both houses, with a clause, pro- 
viding for the emission of paper money: it was re- 
jected by the governor, and the legislative body was 
prorogued. 



Chalmers-^ Marshall — Records. 



CHAPTER VI. 



The tranquility which followed the treaty con- 
cluded by governor l.yttleton with theCberokees^ w^as 
of very short duration : the Indians had been awed 
into it by the presence of a large force in the middle 
of their country: the effect subsided with the cause. 
The treatment which their embassadors of peace had 
received in Charleston, their cruel imprisonment in 
fort Prince George and their subsequent detention, 
unauthorized by the late tieaiy, were circumstances 
whicli the spirit of the nation could not brook Oco- 
noota, an influential chief, heading a small party of 
choice warrior?;, advanced towards fort Prince George 
to create or improve an Oi)portunity of relieving his 
companions from bondage, or wreaking his revenge on 
those who detained them. Governor Lyttleton, at his 
departure, had left the command of the fort to captain 
Coytmere, an officer who was peculiarly obnoxious 
to Oconoota. This circumstance contributed greatly 
to inflame the mind of the Indian, offering the double 
incitement of succouring his friends and destroying 
his enemy. For a Lumber of days, his endeavours 
had no other effect, than to compel the gariison to 
keep within their fort. Stratagem soon effected 
what the force Oconoota could command was unable 
to execute : he withdrew his men for a few days, to 



1760] CHAPTER. 125 

create the de«ultory hope of security, and some time 
after brought them back, placing them iti a dark 
thicket by the river side : this bping effected, he sent 
a sq jaw to Coytmere to inform him, h ^ had a mes ' 
sage to deliver him f om the chiefs of his nation, de- 
sir ng lie wo ild com^* and speak to him on the oppo- 
site side of the river ; in the mean Vhile, he crossed 
the stream. Coytmere, accompanied by his two lieu- 
tenants, walked to the river, and the Indian from the 
opposite sliore toM him, that, being on his way to 
Charles-on to procure the release of the chiefs, he 
wished one of the soldiers might accompany him as a 
safeguard ; he held a bridle in one of his hands and 
pretended he was going to look for a horse» Coyt- 
mere answered in the aflBrmativ^e ; some desultory con- 
vers tion followed, and Oconoota, turning towards 
the woods, swung the bridle twice over his head, the 
concerted signal, at which the Indians in ambush 
rose from the thickets, and tiring, killed Coytmere 
and wounded his two officers. On hearins: the re- 
port, the officer in command at the fort ordered the 
chiefs in his possession to b*. put in irons ; the 
Indian on whom this order was first attempted to be 
executed, stabbed the soldier who took hold of him, 
and wounded two others ; the garriso i, exasperated, 
fell on the others and slaughtered them. 

The chieftains in every town alarmed their coun- 
trymen and called on them to revenge the spirits of 
their murdt red brethren, hovering around their huts : 
the song of war was begun, and the yoiths of the na- 
tion, impatient of vengeance, rushed on the innocent, 
defenceless and lyisuspecting families of the planters 



126 CHAPTER [1760 

on the back settlements of the whites^ and regardless 
of the claim of age, childhood, or the softer sex, 
spread death, desolation and waste; few escaped the 
knife, many of those few perished with hunger and 
distress in the wilderness, others were carried off 
for more cruel, because more protracted torments. 
The bearers of the first tidings of this massacre found 
the city of Charleston desolated by the small pox, 
which raged with so much violence, that few of the 
militia could be prevailed on to leave their sickening 
or frightened families, to march to the relief of the 
frontiers. The distress of the province was however 
relieved, by the arrival of colonel Montgomery with a 
detachment of regular troops : his force beiug in- 
creased by as many of the militia of South Carolina 
as could be raised, and a part of that of North Caro- 
lina under the orders of Hugh Waddle. Colonel 
Montgomery marched towards the Cherokee towns ; 
he destroyed all the lower ones, but approaching that 
of Etchoe, the first of the middle settlements, he met 
in a thick wood a considerable body of Indians, and 
in the battle which followed, an equal slaughter left 
victory undecided ; and the leader of the whites, from 
this specimen of Indian t ictics, apprehending danger 
in penetrating farther into the country of the enemy, 
marched back to fort Prince George. 

In the latter part of the month of May, lieutenant 
governor Bull, on whom the government of the pro- 
vince of South Carolina devolved, at the departure 
of governor Lyttleton, received information from the 
officer commanding at Augusta, that on the 14th the 
uppper Creeks had murdered above twenty English 



1760] THE SIXTH. 127 

traders, the rest having, on previous notice by their 
women, fled to Pensacola. The lower Creeks, ou 
receiving the information, doubted of its correctness, 
and despatched runners, who brought the confirma- 
tion of it : they told the English traders among them, 
that the upper Creeks would soon be down, with the 
intention of acting the same tragedy on them; that 
they could not fight against their own countrymen, 
and therefore, supplying the English with arms, ad- 
vised them to unite in one of their towns and make 
the best defence they could. On the next morning, 
however, the Indians escorted them to Savannah. 

Lieutenant governor Bull, on this occasion, solicit- 
ed assistance from governor Dobbs : he represented 
to him, that there was much room to believe, that the 
French had excited the upper Creeks to war, a cir- 
cumstance which would render the united efforts of 
the southern provinces necessary ; he stated the for- 
midable number of warriors which the Indians might 
bring into the field ; according to his accounts, the 
Cherokees and Creeks had two thousand each, and 
the Choctaws five thousand, and there were other na- 
tions under the influence of the French, towards the 
Mississippi; the Chickasaws could not be well count- 
ed in the number of Knglish allies, as their situation 
and small number were likely to make them either 
join, or be cut off by the general alliance against the 
English. 

In consequence of this information, the legislative 
body held its third session at Wilmington, on the 30th 
of June. The letter of the executive of South Caro- 
lina was laid before them, and governor Dobbs soli- 



128 CHAPTER [1760 

cited them to grant a proper aid to the king, and 
make such amendments to the militia law, as the 
emergency required. 

The lower house, in whom the feelings excited by 
the violent altercations between them and the gover- 
nor, at the last session, did not appear to have sub- 
sided, were at first unwilling to proceed to business, 
a majority of the members not being present, many 
having declined coming, on account of a rumor of 
the small pox raging in the town of \V ilmington. 

They began their address, by bewailing the thin- 
ness of their house, and observed, that nothing but 
the particular and critical situation of the country 
could have induced them to depart from the establish- 
ed rule, and proceed on business with a less number 
than a full majority of all the members. 

They next animadverted on the governor's speech, 
at the prorogation, and observed, that the aid bill, 
which he h^sd been pleased to reject, greatly varied 
from that on which his observations had been found- 
ed. They said, the slow progress in levying the 
forces, to serve under general Forbes, was, in their 
apprehension, occasioned by the unlucky choice of 
oificers, made by the governor, who were strangers 
to the generality of the peop.e; a misfortune against 
which the last aid bill was attempted to be guarded. 
They admitted, that the bounty was small, but a re- 
ward of five pounds was offered for every scalp, and 
the Indians taken alive were to become the property 
of the captors, inducements, which, in the judgment 
of the house, were likely to be equal to that of a 
larger bounty. 



1760] THE SIXTH. 129 

^ With regard to the disposition made of the twelve 
thousand pounds proposed to be emitted, thev observed, 
the treasurers could have derived little advantage from 
it, the province being six thousand pounds in arrears, 
and the bill made application of the greatest part of what 
might rem jn, after the men were raised ; and that if the 
house had acted as the governor suggested they ought 
to do, and invested him and the council with the power of 
applying the money, their conduct would have been in- 
consistent with their duty, and contrary to the constant 
and approved method. 

They expressed their desire of joining him 'in every 
measure that mij^ht redound to the king's honor and ad- 
vantage and the true interest of the province. 

The governor, after the customary expressions of 
thanks, replic d, that he must inform the house, that their 
quorum to proceed to business was by the king's in- 
structions fixed at fifteen, to which number the house 
must now adhere. 

He added, he would not enter into any disquisition in 
regard to former bills ; but, he had to inform them, that 
as to future bills, he would pass none that restrained the 
executive power, which was the king's prerogative ; the 
only power, delegated to the assembly, being as to the 
quantum of the supply, the mode of raising it, and the 
pay of the troops, all other considerations being incon- 
sistent with the prerogative of the crown. 

A bill for the appointment of an agent passed the 
lower, but was laid over in the upper house. 

Two bills only were offered for the governor's assent, 
the militia and aid bills: both received it. Seven thou- 
sand pounds were granted to the king, for the protection 
of the province and the relief of that of South Carolina, 

N. CARO. IT. 17 



150 CHAPTER. [176^ 

and an emission of paper money, to the amount of twelve 
thousand pounds, was directed ; the surplus was order- 
ed to be applied to the contingent charges of govern- 
ment already, or that might be allowed by the general 
assembly. A poll tax of one shilling per annum was 
laid, to commence in the year 1763 and continue till 
the money emitted was collected and burnt. 

A. premium of five pounds for the scalp of every In- 
dian killed in the war was allowed, and the soldiers were 
allowed to retain all Indians taken alive as slaves, with all 
the plunder that might be taken from the enemy. 

The distant garrison of fort Loudon, found itself this 
summer reduced to tlie dreadful alternative of perishing 
with hunger, or throwing themselves on the mercy of 
the Cherokees ; for a whole month they had subsisted 
on the flesh of lean horses and dogs, and a small supply 
of Indian beans, which friendly squaws procured for 
them. In this deplorable situation, it was determined 
to surrender the fort : captain Stewart was therefore 
sent to Chota, one of the principal Indian towns in the 
neighborhood, where he met the chiefs of the Cherokees, 
and agreed on the outlines of a capitulation, which were 
afterwaids confirmed and signed by the commandant. 
The men were allowed their arms, and as much ammu- 
nition as the officers should think they wanted on their 
return ; the garrison was permitted to proceed to Vir- 
ginia, or fort Prince George, and Indians were to be al- 
lowed to escort them and search for provisions ; the sick 
and lame were to be received into the Indian towns and 
protected until they recovered ; horses were to be fur- 
nished to the garrison, at a fair price ; the heavy artillery, 
powder, ball and spare arms, were to be delivered to the 



i760] THE SIXTH. 131 

Indians, on the day appointed for the march of the 
troops. 

When they abandoned the fort, the British troops 
were escorted by a number of Indians, headed by Oco- 
nootota ; they marched on that day fifteen miles, towards 
fort Prince George. At night, they encamped on a 
plain, about two miles from Tellico, an Indian town, 
where the Indians, one after another, disappeared ; they 
remained the whole night ujimolested ; but, at the break 
of day, a soldier from one of the outposts ran in and in- 
formed, that he saw a vast number of Indians, armed 
and painted, creeping among the bushes and advancing 
to surround the English. Time \vas hardly given for 
the soldiers to stand to their arms, when the Indians 
poured in a heavy fire, from different quarters, accom- 
panied with horrid yells and screams. Captain Dennie, 
three of his officers and twenty- six men fell ; the rest 
fied into the woods, were soon overtaken and led 
captives to the towns of the valley. 

These disastrous events in the southern part of 
the British empire in America, were, however, great- 
ly counterbalanced by the great success of the 
king's arms in the north; the whole province of 
Canada having been conquered in the course of the 
summer. 

The fourth session of the legislature was held at 
Wilmington, in the month of November. On the 
seventh of that month a majority of the whole lower 
house not appearing, those on the floor refused to 
proceed with the number of members present, con- 
stituting a quorum by the king's instructions, and 
came to a resolution, that, in the opinion of the mem- 



im CHAPTER [17G0 

bers present, thej could not consistently with the 
charter of Charles IL and the usages and approved 
customs of the assemblies of the province, proceed 
to business, unless a majority of the representatives 
of the people were present. The warrant of the 
speaker was directed to the sergeant at arms, to 
compel the attendance of the absent members, by 
taking them into his custody. By this means a ma- 
jority was procured a few days after. 

Governor Dobbs began his speech by congratula- 
ting the houses on the reduction of Canada, and 
added he had great reason to hope, that the Che- 
rokees, intimidated by the great success of the 
king's forces, and the opportunity it woukl afford to 
the commander in chief to detach a considerable 
number of men to chastise them, appeared inclined 
to accept the overtures of peace, lately made them 
by governor Fauquier of Virginia, and lieutenant 
governor Bull. 

He recommended the continuance of the forces 
already in the pay of the province, until peace was 
finally concluded with the Cherokees, and as both 
the neighboring provinces had determined on exert- 
ing their whole forces to reduce the enemy to such 
terms as would, for the future, avert the dread of an 
Indian war; he expressed his hope that North Car- 
olina would act in conjunction with them. 

After expressing his reluctance to load the peo- 
with taxes, or to depreciate the currency by issuing 
paper money, he declares his readiness to enter into 
any reasonable measure, so that so much of the mo- 
ney paid to the agent of the province in London. 



1760J THE SIXTH. 13S 

from the parliamentary grant, of which he had re- 
ceived a part, might be employed to pay the forces 
hitherto raised, as well as those that might be levi- 
ed, ■ y drawing bills on the agent, until peace was 
obtained or the Indian commotions subsided. 

He recommended, that they would think of the 
propriety of allowing a premium to encourage the 
culture and exportation of hemp and flax: and, as 
flour and tobacco had of late become considerable 
articles of export from the river Cape Fear, that 
the inspection laws, relating to those commodities, 
migiit be extended to the southern part of the pro- 
vince. 

The lower house in their address observed, that, 
although the province was one of the least in trade 
and riches, it had already emulated the most opu- 
lent in their zeal for the king's service, having, du- 
ring the war, granted in several aids for the support 
of the common cause, not less than £80,001, and^ 
thereby anticipated their funds and contracted a 
large debt; yet, they would at this crisis, hoping it 
might be the last, join with the forces of Virginia 
and South Carolina as many men, as the indigent 
and almost exhausted circumstances of the province 
would allow. 

They praised the governor's moderation and 
wish to avoid burdening their constituents, but ex- 
pressed their inability to conceive, that the propos- 
ed plan of drawing bills co'dd be executed, as the 
money already, allotted to the province out of the 
first parliamerUary grant, was by law appropriated 
towards erecting public building and the residue lo 



i34 CHAPTER [1760 

other purposes, by various orders and resolves. 
They flattered themselves, that had they been so 
fortunate, as to have had the concurrence of the 
other branches of the legislature, in passing a law, 
more than once attempted, for appointing an agent, 
in London, who might have produced proper docu- 
ments of the disbursements of the province, and 
represented the duty and loyalty of the people, 
considering their circumstances, in their true and 
proper lights to the king's ministers, the province 
might have participated in the first grant of £200,- 
000 to the American provinces, out of which, the 
province of Virginia had received £20,546, exclu- 
sive of £32,268 19, her proportion of the second 
grant of £50,000, while the whole sum, coming to 
the province, was no more than £7,789 11, and 
even out of this sum the house was now informed of 
a demand of one thousand pound sterling, advanc- 
ed by lord Loudon and governor Shirley, to pay the 
troops of the province, at New-York, notwithstand- 
ing the assembly had raised a fund, sufficient for 
that service: the house could not therefore withhold 
their opinion that the small part of the royal bounty, 
coming to the province, was apparently owing to 
the absence of an agent to represent their dutiful 
behavior to the king and his ministers. 

They lamented the indispensable necessity in which 
they found themselves, the extraordinary charges of the 
war having exhausted the resources of the province, to 
postpone the consideration of premiums on hemp and 
flax, to a more favorable day. 

They declared their conviction, that the prerogative of 
the crown and the just rights of the assembly could 



1760] THE SIXTH. ' 135 

well, and ought to subsist, inseparably together, and that 
whoever would attempt to divide them ought to be 
deemed an enemy to both, the prerogative of the crown 
being, in thdr apprehension, exerted solely for the ease 
and benefit of the people; they were unconscious of hav- 
ing ever attempted to invade it, although the governor 
in his speech, at the last sessions, and his reference to the 
resolution of parliament, which he had sent to them, 
seemed to charge the house with it. They were sorry 
to say that, they had been unfairly and unkindly repre- 
sented at home, as the assembly had never arrogated 
to themselves the powers, stated in the resolution of 
parliament to have been claimed by the assembly of 
Jamaica. 

In his answer to this address, governor Dobbs saidj 
he must differ from the house, either as to the province 
having no proper agents in London, the lords of the 
treasury having accepted of the nomination both of the 
council and assembly, though of a distinct person, or 
as to the disposal of the balance of the £7,000, after 
Mr. Abercrombie had paid himself the sum that the 
house had allowed him, and they had it in their power 
to have a proper aid bill to repeal any former application 
and to apply it, for the future, to the use of the province, 
when no part had been applied in pursuance of their 
former resolutions. 

He expressed his hope that the house, adhering to their 
loyal professions of uniting the king's prerogatives and 
the rights of the assemby, would put no tack to the aid 
bill, as had been formerly attempted, and thus disabhng 
him from the power of assenting to it. 

An act was passed to regulate the elections of mem- 
bers of assembly. The freeholders, to whom the right 



13G CHAPTER [1760 

of suffrage was exclusively granted, were required to 
exercise it viva voce. 

The county of Beaufort was divided, and the upper 
part of it was erected into a separate county, to which 
the name of Pitt was given, in compliment to a minister, 
dear to the x\merican people. The late division of the 
county of Edgecombe having left Enfield the place at 
which the public business of that county was transacted, 
in a remote corner of it, a more central spot was cho- 
sen and a town erected on it, to which the name of Tar- 
borough was given, from the river which washts it. 
With a view to forward the erection of churches in the 
towns of Wilmin^^ton and Brunswick, th • legislature at 
this session, first countenanced the mode of raising mo- 
ney by a lottery. 

In framing the aid bill, the lower house again inserted 
a clause, appointing Anthony Bacon agent of the pro- 
vince, for the purpose of representing to the king and 
his ministers their dutiful and loyal behavior, and to lay 
before them proper documents of the expenses the 
province had been at in carrying on the war ag'iinst the 
king's enemies in America, the upper house, on read- 
ing the bill for the third time, made an unsuccessful 
attempt to obtain the striking of that clause out of the 
bill. As soon as it had passed the houses, the i s embly 
addressed the governor for his assent, representing the 
bill as of the utmost consequence to the province and 
the adjacent ones, in the reduction of the Cherokees, 
whom they had reason to believe were encouraged in 
their depredations by the artful insinuations of the 
French, who, drove out of their possessions in Canada, 
were, as their last efiijrt, making an attempt on the sou- 



1760] THE SIXTH. 137 

thern provinces, the most vulnerable part of the British 
empire in America. 

No answer was given to this address; the governor re- 
jected the bill and prorogued the legislature for a day. 

In meeting them again, the governor addressed him» 
self to the lower house only. He said he had prorogu- 
ed the legislature with a view of giving the house an op- 
port unity, in a new session to reconsider the rejccied 
aid bill, that, if they chose to rid it from the exceptiona- 
ble and foreign clause, they might perfect and render it 
serviceable to their king and country; but, in case they 
persisted, he might put an end to their further attend- 
ance, and their constituents might see, that their real in- 
tention was not to pass an aid bill, but to force an agent 
upon him and the upper house, whom that body had 
twice rt-jected, after he had publicly declared he would 
concur in the appointment of any other person. 

The house, on their return, entered into resolutions, 
asserting their inherent and undoubted right, to no- 
minate an agent for the province: and that the ap- 
pointment is not inconsistent with the king's service, 
although made in an aid bill. 

In their address they bewailed, that the king's service, 
in the intended expedition against the Cherokees, should 
be frustrated, by what appeared to be only some private 
resentment of the governor against Anthony Bacon: 
they observed, it was a matter of small concern to the 
king or his ministers, whether Anthony Bacon, or any 
other man, was appointed agent of the province, provi* 
ded the house granted such assistance to the common 
cause, as the indigent circumstances of their constitu- 
ents admitted. This had been attempted to be done, by 
the bill which he hud rejected. Five hundred men, the 

N. CARO. II. 18 



138 CHAPTER [1760 

largest number during his administration, had been 
granted, and the pecuniary aid exceeded, also, an}^ voted 
during the war, because the house conceived the present 
the most critical juncture. 

They concluded by assuring the governor, that ^their 
adherence to the person they had chosen, proceeded only 
from a desire of avoiding inconsistency : having, hith- 
erto, displaced James Abercormbe, on the intimation, 
that he was not pleasing to the other house, and, if 
they now abandoned Anthony Bacon, who had been 
nominated by the solemn resolution of the fullest house 
ever known in the province, no gentleman of charac- 
ter would ever accept an appointment from a body of 
men, so inconsistent and trifling. 

The house next came to a resolution, that, on the fai- 
lure of the aid, the governor might have power to raise a 
company, for the garrisoning of the forts of the pro- 
vince, and made provision for their enlistment , pay and 
support. 

Governor Dobbs received the address of the house, 
in sullen silence. 

A curious expedient was resortedto, with a view of 
holding out to the governor the o]>portunity of accept- 
ing the aid, with some appearance of persisting in his 
determination of rejecting an aid bill, with any clause 
not strictly relating to the aid. A bill was framed for 
the appointment of an agent, and to it, a clause was 
tacked, granting an aid. The old bill was inverted, and 
in this form passed both houses, and the upper house 
concurred with the provisional resolve. 

The governor, as soon as he heard of the bill having 
passed both houses, issued his proclamation dissolving 
the assembly. 



1760] THE SIXTH. 139 

Apprehensive that this exercise of the royal preroga- 
tive, might be attributed to a desire of revenge, excited 
by the complaints against his administration, which the 
assembly had transmitted to their agent, in order to 
their being laid at the foot of the throne, governor 
Dobbs entered, on the journal of the council, the mo- 
tives that had governed, or the pretences by which he 
wished to palliate, his conduct. 

These were, the admission of a member to sit and 
vote, without his having been chosen in pursuance of 
the king's writ; the expulsion of another without a 
hearing ; the refusal of opening the door of the house to 
receive a message from him, while tho committee of se- 
crecy was sitting ; the concealment, for several days, of 
the proceedings of that committee ; the appointment of 
Anthony Bacon as agent, with a salary, by the lower 
house ; their refusal to proceed to business, with the 
number of members prescribed by the king's instruc- 
tions ; the great influence of the speaker, S. Swann, 
improperly exerted, in debating, from the chair, often? 
after a division, putting the question again, in a different 
manner, and thus, sometimes obtaining a different deter- 
mination. 

Stephen Dewey, the member of the town of Halifax, 
was the person alluded to in the first motive. His towns- 
men claimed the right of being represented, under the 
act of 1715, and insisted that they needed not the gover- 
nor's writ to exercise it. Francis Brown, one of the 
members of the county of Perquimans, was the person 
alluded to as expelled, without a hearing. The house, 
on the report of the committee of elections, had deter- 
mined that he was inelisrible. 



140 CHAPTER [11 GO 

The conduct of governor Dobbs, in rejecting the aid 
bill, was highly disapproved of, and the lords commis- 
sioners of trade and plantations, expressed to him the 
great concern which they felt, that the king's ser- 
vice had been so greatly obstructed, and the province 
of South Carolina deprived of the assistance which, in 
her distressful sit ua- ion, she had a right to expect from 
her neighbors, by unfortunate and ill-timed dispute*^, be- 
tween the branches of the legislature, upon questions of 
mere speculative polity, too taivial, at almost any time, 
to deserve consideration, and improj)erly drawn into 
discussion, at a time when the unitf^d efforts of the kijig's 
subjects were so essential to their own security, and 
the general interest of the community. 

They said it was not the part of the crown, either in 
point of right or propriety, to interfere in the nomina- 
tion of an agent, su far as to t^^e choice of the person; and 
the representatives were free to choose whom they 
thought fit, to act in what concerns the affairs of the pro- 
vince, with whom they and the council alone could cor- 
respond; the governor being restri.ined by his instruc- 
tions, from cortesponding upon matters of a public na- 
ture, relating to his government, with any other persons 
than the servants of the crown, in whose department 
the affairs of America were placed. 

They added, that the only point in which a governor 
might interfere with propriety, was on the mode of the 
appointment, and although they deemed the attempt of 
the lower house, to name the agent in the aid bill, was 
irregular and improper; yet, considering the necessity 
there was of some supply to answer jhe exigency of the 
service, in the calamitous state of the southern provinces, 



1760] THE SIXTH. 141 

the objection appeared too trivial, to have been admitted 
as a reason for rejecting the supply ; and, at the same 
time, rejecting the mutual benefit, which both the 
crown and the subject in North Carolina, would derive 
from the province, having an agent in England, duly 
authorized to answer upon all such matters as might 
occur, relative to her affairs. 

The refusal of the lower house to proceed, without a 
majority of the whole, was considered, in England, as 
an unreasonable and indecent opposition to the will of 
the crown, communicated, in the king's instructions, to 
the governor. The practice was considered as incon- 
sistent, with that which prevailed in the mother coun- 
try, and as affording a favorable opportunity to design- 
ing men, to obstruct the king's service; audit was deem- 
ed preposterous to defend it, on principles laid down 
in charters, granted in times to which, of all others, one 
would least of all appeal for their constitutional principles. 

The pretentions of the house, as to the mode of pass- 
ing the public accounts, was deemed, not only highly 
derogatory to the honor of the crown, but subversive of 
every principle of policy which the wisdom of parlia- 
ment, at home, had prescribed, by numberless laws, for 
the security of the subject. The king's instructions, 
by which the mode of passing public accounts was di- 
rected, were said to be founded upon the principles and 
practice of the mother country, to which the constitu- 
tions of the colonies were to assimilate, as nearly as their 
different circumstances would admit ; and no part of the 
British constitution, was thought more closely adapted 
to the situation of the colonies, than those forms which 
took place in granting and issuing public money, and 
passing the public accounts ; under the observance of 



142 CHAPTER [1761 

which, the subject was deemed to have that security, 
which he could not have under any other, that the taxes 
levied upon him by the authority of the legislature, were 
equally and justly laid, and the money fluthfully ap- 
plied 10 the service for which it was granted ; while, if 
forms and checks attendant upon them, were set aside, 
that security would cease, and a door would be opened 
to every species of fraud and corruption, in the persons 
intrusted with public money. 

It was said to be a subject of concern, that the colo- 
nies had been so long indulged in methods of granting, 
issuing and accounting for public money, very different 
from the practice of the mother country ; and, it was 
hoped, that the lower house, convinced of the unreason- 
ableness of their claim in these two instances, might, in 
future, show more proper regard to those determinations 
of the royal will, so apparently founded on considerations 
of public benefit and convenience, and the tenderest re- 
gard to the rights, interest and welfare of the subject. 

In the beginning of February, accounts reached the 
province of the demise of the king, which had happened 
at Kensington, on the 5th of October. On the 6th of 
that month, George III. was proclaimed at Brunswick, 
in presence of governor Dobbs, the members of the 
council, and a number of the principal inhabitants and 
planters, as ''the person to whom the supreme dominion 
and the sovereign right of the province of North Caro- 
lina, and all the other provinces of his late majesty, in 
America, were solely and rightfully come." 

The assembly, which had been elected soon after the 
dissolution of the legislative body, being itself dissolved 
by the king's demise, new writs of election were issued 
immediately after the proclamation of the new sovereign. 



17611 THE SIXTH. 143 

Governor Dobbs received information from Sir JefFry 
Amherst, that the minister had apprised him of the 
king's intention of continuing the war vi^ith vigour 
in America, to drive the French from the continent, and 
that he had room to believe the governor would 
soon receive orders, as well as the chief magistrates of 
the other provinces, to raise forces to finish the plan of 
the war. 

The legislature met at Wilmington, on the last day 
of March. After announcing to the houses the demise 
of their late monarch, the accession of his grandson, 
and the object for which they were called together, the 
governor informed them he had not received any des- 
patch from the minister, but he had within a few hours 
been apprised, that Sir Jtffry had received orders about 
the operations intended to be undertaken during the 
next campaign ; and as it was then too late to raise any 
forces to march against the Cherokees, he had only to 
recommend to their attention the internal concerns and 
improvement of the province, and would communicate 
any order he might receive during the session. 

After the complimentary expressions of condolence 
and congratulation which circumstances called for, the 
lower house observed, that the aid for which they were 
likely to be called upon, would have been happily anti- 
cipated, had the aid bill which the two houses had passed 
at the last session, been honored with his assent, as the 
forces then granted might have contributed to the more 
speedy reduction of the enemy. 

They added, that if he had been obliging enough to 
have called them together to a more central part of the 
province, he would htivc saved a considerable expense to 
the public, and greatly contributed to the ease of the 



144 CHAPTER [1761 

greatest part of the members and saved himself the 
trouble of frequent prorogations ; they expressed them- 
selves fully aware of the prerogative of the crown, in 
fixing the time and place of meeting of the legislature ; 
but they could only hope for some indulgence and at- 
tention to the ease and conveniency of the subject. 

The governor replied, that since the house were 
pleased to take notice of the transactions of another as- 
sembly, he was under a necessity of informing them, 
that if the aid bill they had offered had not been clogged 
with clauses inconsistent with the king's prerogative, he 
would heartily have given his assent to it ; he informed 
them, that on the contingency of an aid being required, 
he would not pass the bill granting it, if the house per- 
sisted in clogging it with clauses foreign to the aid. 

He added, that a former assembly had voted, that the 
town of Newbern, the most central in the province, 
was not a proper place for the meetings of the legisla- 
ture, and he thought Wilmington was the most proper 
place, while the operations of the war were carried on 
in the south, to obtain early intelligence of occurrences 
that might require immediate attention ; and no proro- 
gation would have been necessary, if the members had 
thought fit to obey the king's instructions, as to the 
quorum. 

On the 10th of April, the governor communicated 
letters from Sir Jeffry Amherst, and governor Fauquier 
of Virginia, mentioning their expectation of an aid from 
the province ; and although he had not yet received the 
king's command, for the raising of any particular number 
of men, or any requisition in money, he was advised by 
the council to lay the letters before the houses, and re- 
commend that they might consider of the most proper 



1761] "JHE SIXTH. 14.5 

fund to answer the immediate call, so that, on the arri- 
val of the king's orders, which were hourly looked for, 
no time might be lost and the bill be perfected with 
expedition. 

The house came to a resolution, that it was too late 
to raise any force to march against the Cherokees. 

They informed the governor, that the provincial funds 
were exhausted, and a large debt had been incurred by 
the zeal the colony had already manifested for the king's 
service, and the only means of affording further aid, 
would be to issue bills of credit, to be sunk by a poll 
tax. 

The governor replied, that there were several sums of 
money unappropriated, in the hands of the collectors of 
the powder duty, which might be applied to present con- 
tingencies, and be replaced by a tax to be laid to answer 
future contingencies ; but the house informed him, that 
the moneys arising from the powder duty, had been 
appropriated to the finishing of forts Johnston and 
Granville, and the improvement of the navigation of the 
ports of Beaufort, Bath, Roanoke, Currituck and Bruns- 
wick ; that the receivers had been directed to account 
with the commissioners of navigation, and it appear- 
ed, from the returns of the commissioners, tbtt there 
will remain but a trifling sum, after the intended pur- 
posey are answered. 

A bill was introduced, for granting an aid to the king 
of sixteen thousand four hundred and ninety-four 
pounds, for raising clothing and pay for five hundred 
men, exclusive of officers, and for appointing an agent 
for the province ; after its second reading, the governor 
informed the house, by message, that he could not assent 
to any aid bill to which any clause, foreign to it, was 

N. CARD. II, 19 



146 ^ CHAPTER. (1761 

tacked, such bills being unconstitutional ; that it was 
contrary to his insti actions, derogatory to the preroga- 
tive of the crown and indecent in the assembly, to 
oblige the king to withhold his negative from a clause 
disagreeable to him, or lose the benefit of the proffered 
offer of an aid. 

He added, that as he had often declared that he never 
had any objection to the house appointing an agent, in 
concurrence with the council, whom he could approve 
of, so he never would allow of any person to be imposed 
upon him or the council, after repeated refusals ; but as 
he had no objection to the person named in the bill, 
Couchet Jouveniel, if they would make the appointment, 
by a separate bill, and the council concurred, he would 
pass it immediately after the aid bill, to which he would 
always give the preference. 

He recommended, for the good of the province and 
the batihfaction of their constituents, that a poll tax be 
kid for the redemption of the bills intended to be emitted, 
to commence as early as possible, to avoid a further de- 
preciation of the currency. 

The house, in answer, declared themselves unable to 
comprehend how the appointment of an agent, in the 
mode intended by the house, was unconstitutional, or 
at variance with the prerogative of the crown, or any 
instruction of the king of which they had any know- 
ledge, or that it could be either disagreeable to the king 
or take away his negative on bills. They added, that in 
the present case, the appointment was far from being 
absolutely foreign to the object of the bill ; that even if 
the purpose of the clause to which the governor ob- 
jected, was not specially stated in it, the passage 
of the bill could not be fairly construed to be forbidden 



1761] THE SIXTH. 147 

by any of the king's instructions against passing bills 
with clauses foreign to the title. 

After the third reading of the bill, the house, with a 
view to avoid any appearance of inconsistency in re- 
moving Anthrny Bacon, resolved, that their principal 
motive was a sincere desire to show their zeal and loy- 
alty to the king, in granting an aid, so forcibly and ear- 
nestly recommended by the commander in chief of his 
forces in America, which they deemed their bounden 
duty to do, as the governor had declared his determina- 
tion to pass no bill with the name of Anthony Bacon in 
it, but would assent to the appointment of any other 
person. 

It was thought necessary to borrow the remainder of 
the glebe and school moneys, after the payment of the 
judges, to meet the expenses of the legislature, the claims 
of scouting parties on the frontier and other public de- 
mands : this was done by a resolve of the houses, di- 
recting the reimbursement of the loan out of the tax for 
the contingent fund. 

The aid bill, besides the appointment of the agent, 
provided for an emission of twelve thousand pounds of 
bills of credit, made a tender in all payments ; the In- 
dians, taken in the war, were declared the absolute pro- 
perty of the captors ; rewards were offered for the scalps 
of those killed in battle ; a poll tax of two shillings was 
laid, for the redemption of the paper emitted, to com- 
mence in the year 1764 and continue till the whole 
emission was thus paid in and burnt. 

A lottery was granted for the improvement of New 
river, in the county of Onslow ; and the powder duty, 
in the port of Currituck, was converted into a pecuniary 



14^ CHAPTER [1761 

levy for the improvement of navigation between the inlet 
of that name and Albemarle sound. 

In assenting to the aid bill, the governor testified his 
gratitude for a supply, in the critical state of affairs and 
distressed state of the province, as large as the most san- 
guine expectation could have anticipated, but added, it 
w'ould have given him a double pleasure, if the house 
had allowed him the satisfaction of signing it, unmixed 
with the regret of departing from the instructions of his 
sovereign, and becoming an accomplice in the encroach- 
ment upon the prerogative of the crow^n, of which the 
house had been guilty ; he said he would not have 
yielded, if a combination of circumstances had not con- 
tributed to influence his mind ; a majority of his consti- 
tutional advisers had recommended his compliance, and 
when sitting as an upper house, had relaxed from their, 
undoubted right ; the assembly had formally disclaimed 
that of adding clauses to an aid bill, that might encroach 
on the prerogative of the crown, or place the king in the 
humiliating dilemma to lose his negative voice in the prof- 
fered aid ; and he had agreed to concur with the appoint- 
ment of the houses in a separate bill ; to these all pow- 
erful considerations was added the pressing one to pre- 
vent w^asting in debate the precious time, which every 
thing demanded to be employed in a co-operation with 
the king's forces, securing the possessions of France, 
and ensuring the peace and safety of those of Great Bri- 
tain in America. 

On his return from the council chamber, he issued 
his proclamation for the dissolution of the legislative 
body. 

The reduction of Canada having enabled Sir Jeffry 
Amherst to send back the Highlanders to the relief of 



1761] THE SIXTH, 14^ 

the southern provinces, colonel James Grant, who had 
succeeded coloaei Montgomery in the command of 
his corps, had arrived with it in Charleston, early in the 
year. The legislature of South Carolina, had determin- 
ed to exert the strength of the province to the utmost, be- 
lieving that, in conjunction with the regular troops, and 
aided by the neighboring provinces, so severe a blow 
mi8:ht be struck, as would deter the Cherokees from anv 
further attempt to molesi the white people on the frontiers. 
Several parties of the Chickasaws were engaged as aux- 
ilaries; and, although messengers were sent among the 
Creeks to induce them to co-operate with the British, 
no aid could be procured from that quarter, the warri- 
ors playing an artful game, and exciting, alternately, the 
hopes of the inhabitants of South Carolina, and those of 
the French, on the Mobile and Mii-sissippi. 

Early in the spring, colonel G i ant had begun his march 
towards the Cherokees : his force in regulars, provin- 
cials and Indians, was about two thousand six hundred 
men. 

He reached Fort Prince George, on the 27th of May. 
A fortnight after he began his march, a party of ninety 
Indians and thirty woodsmen, painted like savages, ad- 
vanced in front to scour the woods. One hundred and 
fifty light infantry and fifty rangers, preceded the main 
body. The army had provisions for one month. 
Forced marches were made during the three first days, 
with a view to meet the open country. On the fourth 
day, on the occasional appearance of Indians on different 
sides, orders were given, for the first time, to load and 
prepare for action, and the guards were directed to march 
slowly on, and to double their vigilance and circumspec- 
tion. The more frequent meetings of Indians, an- 



150 CHAPTER [1761 

nounced the approach of a decisive moment, as the 
army reached the spot on which colonel Montgomery 
had been attacked, the preceding year. The Indians in 
the van, about eight in the morning, spied a large body^ 
of Cherokees, posted on a hill, on the right flank of the 
armv: thev hardly had time to ffive the alarm, when the 
enemy rushed down and fired on the advanced guard ; 
but, the main body rapidly advancing to their support, 
the Cherokees retreated to the hill. The army had to 
march for a considerable distance, between the hill and 
a river, from the opposite side of which, another party 
of the enemy kept up a brisk fire: sending a detachment to 
divide the party on the hill, colonel Grant made his army 
face about, and fire across the river : the engagement 
soon became general, and the Indinns over the stream, 
keeping their ground and pouring in a heavy fire, the 
party on the hill, who retreated into the woods on the 
approach of the detachment sent to dislodge them, soon 
returned with increased numbers ; and colonel Grant's 
troops, exhausted by fatigue, soon found themselves 
surrounded by the foe, ;2jaUing them with a scattered fire. 
The Indians, when pressed, kept aloof, and rallying 
elsewhere, returned to the charge, always in a different 
direction. The battle continued in this desultory mode 
of w^arfare for two hours, when the van of the army 
was attacked by a fresh body of Indians, boldly en- 
deavoring to seize on the provisions. Colonel Grant, at 
this distressful moment, was obliged to detach a part of 
his men to this vulnerable point. The apparent oppor- 
tunity, which this division of the forces gave to the Che- 
rokees, of reducing the main body, redoubled their fury: 
they made the woods resound with their yells and 
screams ; but, the troops keeping close and continuing 



1761] THE SIXTH. 151 

their steady fire, the savages, towards eleven, gave way: 
they were pursued for some time; but towards two 
o'clock not an Indian was to be seen. Colonel Grant 
had sixty of his men killed or wounded : he could not 
ascertain the loss of the enemy. After sinking the bo- 
dies of the dead in the river, to prevent their being dug 
up and scalped, and destroying several bags of flour to 
procure horses for the wounded, the army proceeded to 
Etchoe, a large Indian town, which they reached about 
midnight. On the following day, they reduced it to 
ashes ; and, proceeding into the middle settlements, 
fourteen other towns shared the same fate. Their pro- 
visions were destroyed, and corn fields laid waste ; and 
after remaining thirty days in the neighborhood, spread- 
ing desolation and fire, the troops marched back to Fort 
Prince George, leaving the Indians to seek shelter and 
food on the barren mountains. 

Soon after the troops returned to the fort, a number 
of Cherokee chiefs came and sued for peace. Colonel 
Grant, willing they should believe it was not to be ob- 
tained on any terms, insisted on, as one of the stipula- 
tions of the treaty, that four Cherokee Indians should 
be delivered up at Fort George, to be put to death in 
front of his camp, or that four green scalps should be 
brought to him within twelve nights. The chiefs de- 
clared their inability to assent to this stipulation, not be- 
ing authorized by their nation, to accept peace on such 
terms as these; and the colonel sent them to Charleston, 
to see, whether lieutenant governor Bull would mitigate 
the rigor of it : a safeguard was given them. The chiefs 
met that officer at Ashley ferry, where he came to meet 
them, accompanied by the council of the province, and 
in a short time, a treaty of peace was concluded, 



J 5^ CHAPTER [1761 

In the month of December, the lords commissioners 
of trade and plantations laid the court laws, passed in 
May, 1760, before the king and council, for the royal 
disallowance and repeal : they severely animadverted on 
governor Dobbs' conduct, in suffering these laws to 
have immediate operation, before the king's pleasure 
was known, thereby setting aside one of the fundamen- 
tal privileges of the constitution of the British colonies : 
they stated, that the governor alleged in his justification, 
that he had given his assent to the iavvs upon the advice 
of the chief justice and the attorney general, and had pro- 
cured a clause to be inserted in one of them, that, if the 
king did not confirm it withia a certain time, it should, 
thenceforth, be null and void. The lords observed, that 
the measure itself, independent of the mode, was, in their 
opinion, so far from alleviating the governor's improper 
conduct, that it was a heavy aggravation of it. In cases 
of this nature, they added, it was the duty of every go- 
vernor to act upon his own judgment, and if it were ad- 
mitted that he could be absolved by the opinion of others 
from the obligations of obedience, to the instructions of 
the crown, by which the negative voice in the passing of 
lav/s, was regulated and restrained, the interest of the 
crown and mother country would depend solely, for 
security, upon the uncertain wills, interest and opinions, 
of any person the governor might think proper to 
consult. 

The clause mentioned by the governor, to have been 
inserted at his instance, in one of the laws, was consider- 
ed as so far from answering the intention of the suspend- 
ing clause, that it was deemed, in construction and ef- 
fect, the very reverse. 



1762] # THE SIXTH. 153 

The representation of the lords commissioners con- 
cluded by suggesting, that, if the governors of ihe colo- 
nies were suffered to go on in such repeated acts of dis- 
obedience to the king's instructions, upon points, so es- 
sential to the constitution, the dependence of the colo- 
nies upon the authority of the crown and the just gov- 
ernment of the mother country, already too much re- 
laxed, would stand on a very precarious footing. 

The laws were repealed by the king in council, and 
the lords commissioners of trade and plantations were 
directed to signify, to governor Dobbs, the king's high 
displeasure at his conduct, and to request him, for the 
future, to adhere more strictly to the king's instruc- 
tions, relative to the passage of laws. 

A stage, at this time, began to ply between Ports- 
mouth and Charlestown, (Mass.) which is supposed to 
have been the first established in the British provinces. 
' Early in 1762, governor Dobbs received a circular 
letter from lord Egremont, acquainting him, that the 
king, having nothing so much at heart as to secure and 
improve the ^reat and important advantages gained since 
the commencement of the war in North America, and 
having seen his good disposition, to restore the public 
tranquility, entirely frustrated by the insincerity and 
chicane of the court of Versailles, in a late negociation, 
and as nothing could so effectually contribute to the 
great and essential object of reducing the enemy to the 
necessity of accepting a peace, on terms of glory and ad- 
vantage to the king's crown and beneficial, in particular, 
to his subjects in America, as the king being enabled 
to employ, as early as possible, such part of the re- 
gular troops in North America, as might be equal to a 

N. CARO. II. 20 



T54 CHAPTER. "^ [1762^ 

great and important enterprise, he was directed to signl= 
fy to him the king's pleasure, that the better to provide 
for the full and entire security of the American provin- 
ces, and particularly of the territories lately conquered, 
during the absence of part of the regular forces, he 
would use his utmost endeavors and influence with the 
council and assembly, to induce them to raise, with all 
possible despatch, as large a body of men as the popu- 
lation of the province might allow; as far as should be 
found convenient, to form them into regiments and direct 
them to hold themselves in readiness, as much ear- 
lier than in former years as might be, to march to 
such places in North Anicrica, as the commander in 
chief, or such ofiicer as might be appointed to the com- 
mand of the king's forces there, would direct; and the 
better to facilitate this important service, the king was 
pleased to leave it to him, to issue commissions to such 
gentlemen, in North Carolina, as he might judge, from 
their weight and credit with the people and their zeal for 
the public service, to be best disposed and enabled to 
quicken and effectuate the speedy levying of the greatest 
number of men. 

The men, to be thus raised, were to be supplied by the 
crown with arms, ammunition and tents, and provis' 
ions were to be issued by the commissary of the troops, 
in the same proportion and manner, as to the rest of the 
king's forces. All that was required from the pro° 
vince was to levy, clothe and pay the men; and, in or- 
der that no encouragement might be wanting to the 
fullest exertion of their strength, lord Egremont men- 
tioned, that the king had permitted him to acquaint the 
governor, that strong recommendation would be made 



1762] THE SIXTH. 155 

at the next session of parliament, to grant a compensa- 
tion proportionate to the active vigor and strenuous ef- 
forts of the respective provinces. 

The governor was directed to collect and put into the 
best condition, all the arms, issued during the last cam- 
paign, which could, by any means, be rendered ser- 
viceable. 

Similar orders were given to the governors of Penn- 
sylvania, Maryland, Virginia and South Carolina. 

Sir JefFry Amherst, having been directed to complete 
the regular corps serving in America, by recruits to be 
raised by the several provinces, made application to go- 
vernor Dobbs for the quota to be furnished by North 
CaroUna, which, agreeably to the proportions of the 
other provinces, was fixed at one hundred and thirty- 
four. Sir Jeffry added, with a view to render the ser- 
vice effectual, it would be required, that each province 
should provide for replacing such of their men as would 
desert, a circumstance which, when known, would pre- 
vent any of them from leaving their corps, since they 
could expect no protection at home. 

Governor Dobbs lost no time in summoning the 
legislative body. It held its first session at Wil- 
mington, on the 13th of April. After announcing 
the late nuptials of the sovereign, the success of the 
British arms in the West Indies and the capture of 
the island of Martinico, and laying before them, the 
despatches*, which had induced him to issue his 
proclamation for an early session, he recommended 
to the lower house, as Ihey should answer it to their 
constituents and posterity, to testify their zeal^ 
with unanimity and despatch, by raising as large a 
quota of troops as the province could bear, and as- 



156 CHAPTER < [1762 

sist the king to terminate with honor, a war under- 
taken at great expense, to defend, and procure a 
lasting peace and future safety to, his American 
provinces. 

He expressed his hope, that the supply might be 
levied without a heavy tax, or issuing notes to de- 
preciate the currency, and advised that a loan might 
be raised by subscription, and that the people might 
not be more burdened than by a small tax, sufficient 
to discharge such reasonable interest, as might in- 
sure the loan, till the money, arising from the late 
or future parliamentary grant, might discharge it. 

He recommended a strict ifjvestigation of all 
public accounts, a revision of the inspection laws 
and the allowance of premiums on valuable objects 
of imports; and as the distresses of the time had re- 
tarded the establishment of public schools, he pro- 
posed, that the vestry in each parish might be au- 
thorized to raise a limited sum, sufficient to pay a 
parish clerk and register, qualified to act as a 
schoolmaster and reader, where clergymen could 
not be had, to prevent the increase of sectaries, 
idleness and profaneness. 

The lower house replied, that they should ever look, 
upon the interest of their constituents, as the object of 
their unwearied attention, and would always have the 
most tender regard for the welfare of their posterity ; but 
they were obliged to acquaint him, that they thought the 
raising of troops, further than for the defence of the sea 
coast, a measure in nowise calculated to please the one, 
or benefit the other : for, although they had the greatest 
veneration for the best of kings, and trusted the province 



1762] THE SIXTH. 157 

had already given the most convincing proofs of attach- 
ment, to the honor and dignity of the crown, during the 
prosecution of the war; yet, they were sorry to observe, 
they could not, without reducing the people to the ut- 
most distress, add to the accumulated and intolerable 
load of tax they groaned under : they added, that the 
statement of this circumstance, singly and of itself, 
would justify them in declining a compliance with 
his requisition; but, with concern, they were obliged 
to say, that, if they might form a judgment from 
Mie past, they had but little encouragement to hope, 
that any supply they might grant would much contri- 
bute to the service of the king, or the advantage of the 
province. 

For these reasons, they flattered themselves with the 
hope of his concurrence in the belief, that to raise troops 
under the actual debility of the province, would have 
fatal effects, and drive the people, already impatient of 
their sufferings, to the brink of despair, and hoped he 
would have so good an opinion of them, as to attribute 
their refusal, to these and no other motives. 

They said they had been sensible of the necessity, at 
all times, to take care that the public accounts should 
be critically examined, and assured him nothing in their 
power would be wanting, that might tend to give the 
utmost satisfaction on that head ; and that nothing 
could add to the sense they had, of the necessity of sup- 
porting schools, and giving every possible encourage- 
ment to trade. 

Soon after receiving this address, the governor issued 
his proclamation, for proroguing the legislature to the 
following day. 



158 CHAPTER [1762 

His speech, at this meeting, was directed to the lower 
house only, the upper house having, in their address, 
promised to concur with the other branch of the legis- 
lature, in a bill for carrying the intentions of the king 
into effect. 

He observed, that the house had gone too far in the 
expressions of their sentiments, to allow him to hope, 
that they might retract them easily, at the same meeting; 
and he had prorogued them, with the view of affording 
them a better opportunity of re-considering them in a 
second. 

He laid before them two authentic gazettes, from 
' Virginia, by which it appeared, that the legislature of 
that province had complied with the requisitions of 
lord Egrement and Sir JefFry Amherst, with unanim- 
ity, alacrity and despatch. He added, that, as he 
found all the other provinces willingly submitted 
to the king's demand, it grieved him, and it would 
every loyal breast in the province, that they alone should 
prove refractory. 

He hoped, that when they would seriously consider 
the situation of affairs, in Europe and America, and that 
a powerful enemy, the king of Spain, was raised against 
Great Britain, who endeavored not only to prevent the 
king's further acquisitions, from a deceitful and per- 
fidious enemy, but also to deprive him of all the 
conquests he had made, and of the laurels and tro- 
phies, gained by his armies, with an expense of eighty 
millions, they would think, that their obstinacy would 
lessen them in the eyes of all the king's subjects, and 
they would forfeit the honor they had already obtained, 
in hitherto assisting their sovereign, to the utmost of 
their abilities. 



1762J THE SIXTH. 159 

He corxluded, by conjuring them to preserve the 
good opinion and esteem, the king had for them, and, 
forthwith, to repair to their house, and reconsidering the 
letters and papers laid before them, come to an imme- 
diate resolution, whether they would comply with the 
king's request, so that they might proceed to other bu- 
siness with despatch, or, in case they refused, that he 
might dismiss them to their private affairs, which, in 
that case, they would seem to have more at heart, than 
the public service. 

The house resolved itself into a committee of the 
whole, and, after sitting a considerable time, the com- 
mittee reported, and the house voted, that, the province 
being already burdened with u heavy debt, incurred by 
several grants for the king's service, during the war, and 
the inhabitants impoverished thereby, it was impossible 
to comply with the demands on them, communicated in 
the governor's speech. 

The committee, appointed to correspond with the 
agent of the province, communicated letters from that 
gentleman, announcing the repeal of several late laws of 
the general assembly : among others, the court laws 
and those for improving the navigation of the province. 
This information excited considerable uneasiness ; and 
governor Dobbs improved the opportunity, which he 
thought this dissatisfaction would create, to impress on 
the house, with some success, the necessity of avoiding 
to excite the resentment of the crown, by persisting in 
the determination of refusing the required aid. He ac- 
cordingly, issued a proclamation for proroguing the as- 
sembly to the next day. He again addressed the lower 
house only, telling them he had once more, by a short 
prorogation, afforded them the opportunity of re-con- 



160 CHAPTER [1762 

sidcring, in a third meeting, the king's demand of an aid 
of men, since the house might be sensible, from the late 
communication from the agent in London, that the king 
could and would confer, or withhold favors from them, 
as they refused or complied with his requests. 

The house expressed their sorrow at the the trouble 
the governor had twice taken, of giving them the oppor- 
tunity of re-considering the requisitions he had made, 
when he first met them. They begged his leave to as- 
sure him, that what he had then said, had been most 
maturely considered, and the consequent determination 
taken, after great deliberation ; and they were to ac- 
quaint him, that the motives, which induced that de- 
term/mation, still prevailed with them, to adhere to it. 

They declared themselves sensible, that the king 
could, and no doubt would, confer favors on those who, 
to the utmost of their ability, supported his government; 
and ility entertained no doubt, that he would hear of the 
many and large grants made by the province, particu- 
larly, of the last twenty thousand pounds, and of the im- 
poverished state of the inhabitants of the province, and 
would think that they, in some measure, merited his 
favor. 

The governor was authorized, by a resolve of the two 
houses, to raise twenty -five men, including officers, for 
each of the forts at Ocracock and Cape Fear, and to 
draw warrants on the treasurer for the expenses attend- 
ing their service, payable out of the fund apprJ(|Driated 
to founding schools, and to be replaced by a tax to be 
laid for that purpose. 

The upper house manifested a disposition to show 
their displeasure against the lower house. Contrary to 
their accustomed practice, they appointed committees 



1762] THE SIXTH. 161 

of claims and accounts, of their own house, instead of 
appointing gentlemen, out of their body to form these 
committees with those appointed by the lower house. 
The lower house complained of this innovation, and, 
were informed by message, that the upper house looked 
upon it as their undoubted and constitutional right, to 
pass upon public accounts and claims, and to appoint 
committees on their behalf; it was observed, that although 
it had been customary, and found convenient, for the 
ease and despatch of public business, for their commit- 
tees to sit at the same rime and place, and with the com- 
mittees of the lower house, it couid not be, hence 
inferred, that their committees were not separate from, 
nor equal in rights to, those of the other house, and 
bad not authority to meet, debate, and report sepa- 
rately. This message and another that followed it, were 
signed by the clerk of the upper house, instead of bfing 
signed by the president, and countersigned by the clerk. 

The lower house desired, that for the future, all mes- 
sages from the other house to them might be signed by 
the president, agreeable to the old accustomed practice, 
otherwise they could not receive them ; they said, the 
separate committees were not only new and unconstitu- 
tional, but impracticable ; for neither the money paid in 
to be burnt, nor the vouchers of accountants could with 
safety be transmitted from the committee of one house 
to that of the other. 

The upper house forbore sending any further mes- 
sage to the other, during the rest of the meeting. 

The upper house, the other, although invited, decli- 
ning to join or say they would not, addressed the king* 

They began by expressing their joy at the remarka- 
ble success of the king's arms, and giving assurance of 

N. CARO. II. 21 



162 CHAPTER [176^ 

their firm and loyal attachment to the sovereign, his fami- 
ly and government ; they begged leave to represent, that 
the inhabitants of the province had, for several years past, 
been subjected to great difficulty and distress, for want 
of a proper place established as the seat of government. 

They observed, that Tower Hill, the place chosen for 
that purpose in 1758, was found of difficult access to 
several of the inhabitants of the province, and no proba- 
bility appeared of its being inhabited by a sufficient num- 
ber of families to accommodate, with any degree of con- 
veniency, the officers of government, the members of the 
legislature, or the persons who had business to transact 
with them. 

Receiving it in charge from their constituents, to use 
their endeavours to obtain a redress of this inconve- 
nience, and having examined the situation and extent of 
the province, and the people who were settled in the dif- 
ferent counties, they suggested the propriety of fixing 
the seat of government in the town of Newbern, and im- 
plored the king to repeal the act for fixing it at Tower 
Hill, and signify his approb^ition of its being fixed at 
Newbern, promising to erect a governor's house there, 
and such suitable public buildings as the king's service 
might require. 

On the 29th of April, governor Dobbs addressed the 
two houses ; he thanked the upper one, for the zeal 
thev had manifested, and their readiness to concur in 
every measure calculated to promote the king's service. 

He expressed to the other the great concern he felt in 
being obliged to represent to the king, the little regard 
they had shown for his warm and pressing demand for an 
aid ; he added, he should animadvert on^his irregular 
conduct, and on the little attention ihey had paid to his 



1762] THE SIXTH. 163 

recommendation of passing laws to promote trade and 
the education, of youth, and he would then leave it to 
their constituents to determine, whether they had acted 
for the welfare, safety and honor of the province. 

He observed, that on their first meeting, when no 
time was to be lost in taking the king's orders into con- 
sideration, they had acted in opposition to his preroga- 
tive and instructions, by refusing to proceed to business, 
until a mcjjority of the whole appeared, thus not only de- 
nying the king's right, but putting it in the power of a 
few members combining together to dissolve the as- 
sembly. 

He said, that by the great opposition they had made, 
and refusing the aid to the king, they had, as far as was 
in their power, delayed and prevented their country from 
having a speedy and honorable peace, and well deserved, 
by their ill judged parsimony, the censure of their con- 
stituents. 

He took notice of the letters of the committee of cor- 
respondence to the agent and his answers, about which, 
it appeared, that the members named by the upper 
house had not been consulted, and from which it 
seemed, that the principal object was to complain against 
him, for the frequent meetings, prorogations and disso 
lutions of the assembly, which had exhausted the public 
chest, in the payment of the members and officers of the 
legislature. 

He complained that, contrary to the accustomed 
usage, the agent had been onlered to direct his letters 
to the late speaker, instead of addressing them to the 
committee of correspondence, enclosed under cover to 
the governor, so that the speaker might suppress any 



164 CHAPTER ' [n6S> 

letter disagreeable to him, and thus become the sole di- 
rector of the committee. 

He said, that it became his duty, that he might avert 
^ny future cause of complaint, to forbear passing any 
bill, and put an end to their meeting, without making it 
a session, which would save to the piiblic the expense of 
their attendance, so much complained of. 

He concluded, that on account of the disrespect they 
had shown to the king, and the little care they had taken 
to defend their country, he could not think of meeting 
them again, but must appeal to their constituents to 
judge of and censure their behaviour; he accordingly 
dissolved the assembly. * 

The governor, in the mean time, directed the one 
hundred recruits, required by Sir Jeffrey, to be raised 
and marched to New York. To meet the necessary 
expense of this service, he drew on the agents for 
two hundred pounds sterling. 

In the latter part of the summer, official accounts of 
the repeal of the court laws reached the province, passed 
in 1760, and of the act for the improvement of the navi- 
gation from Currituck inlet ; the causes of the repeal 
of the former laws have been already stated ; the latter 
was objected to, as it altered and repealed, as far as re- 
garded the port of Currituck, an act passed in 1754, 
laying a tonnage duty of powder and lead, for the de- 
fence of the province, on every vessel entering any of its 
ports, to which it substituted a duty of two shillings and 
six pence per ton, in money ; the alteration was deemed 
not only improper and impolitic in itself, but inconsist- 
ent with the instructions, given from time to time to the 
governors of the several colonies in America, requiring 



1762r] THE SIXTH. 165 

them to endeavour to procure laws for imposing a ton- 
nage duty in powder, on all vessels trading there, paya- 
ble in kind, without any commutation. 

The lords commissioners of trade and plantation, ex- 
pressed their disapprobation of an act, which had been 
assented to by the governor, and had already had its ef- 
fect, authorizing a lottery for the improvement of the 
navigation of New river ; a mode of raising money, 
which, they observed, ought never to be countenanced 
nor admitted in the British colonies, where the nature of 
the constitution did not embrace the regulations and 
checks, necessary to prevent fraud and abuse, in a matter 
so peculiarly liable to them. The lords also expressed 
the great concern they felt, in observing, that the lower 
house had availed themselves of the necessity of raising 
money, in the month of April, 1761, for the public 
service, to tack a clause, for the appointment of an 
agent, to the aid bill ; they said, the irregularity of this 
practice, and the many evils and inconveniencies which 
must necessarily flow from it, were too obvious to need 
any-animadversion, and they desired governor Dobbs, 
when the appointment of CouchetJouvencel should ex- 
pire, to recommend to the houses to pass a separate bill 
for the appointment of an agent, and not to consent, 
upon any pretence whatever, to an appointment made 
in any other manner. 

The necessity there was for the immediate establish- 
ment of courts of justice, induced the governor to issue 
WTits of election, and the legislative body was convened 
at Newbern in the first days of November. 

The governor congratulated the houses on the late 
success of the British forces in the West Indies, by the 
capture of the islands of Cuba and Grenada, which in- 



166 CHAPTER [1762 

sured to the king all the trade of the northern coast of 
Spanish America, and was the earnest of a speedy and 
honorable peace. He observed, that the immediate ob- 
ject he had in view, in calling them together, was to lay- 
before them the repeal of the court laws, which he 
was about promulgating by proclamation, and of the 
other minor acts, which had also received the royal 
disallowance. 

He said, he would lay before them the reasons which 
had induced this exertion of the prerogative of the 
crown, and he hoped they would be convinced, they 
could not promise to themselves any advantage, by an 
opposition to the king's just rights and a disobedience 
to his instructions ; he alluded to the severe reprimand, 
his too ready compliance with their solicitations had 
brought on him, and assured them, that for the future, if 
any clause contrary to any of the king's instructions was 
introduced in any bill, he should certainly reject it, how- 
ever important and proper it might appear in other 
respects. 

He besou2:ht them to bestow their immediate atten- 
tion on theestablishmentof courts .of justice, to promote 
the establishment of schools, amend the inspection laws, 
and allow premiums on the exportation of hemp and 
flax. 

He concluded by observing, that as he had not the 
king's command to require any aid, it v/ould suffice to 
lay a small tax, to meet the contingent expenses of the 
province, and support the garrisons or forts, for the 
security of commerce and the protection of the king's 
stores, at the approaching end of the war. 

A bill was introduced in the lower house, dividing 
the province into five districts, Edenton, Newbern, 



1762] THE SIXTH. 167 

Wilmington, Halifax and Salisbury, establishing a su- 
perior court of law in each, to be held in the four first 
districts by the chief justice, and in the latter by an as- 
sistant judge. 

The upper house, on the second reading, expunged 
the clause for the appointment of the assistant judge for 
the district of Salisbury, and introduced one for that of 
two associate justices for the whole province; and ano- 
ther, providing for courts of oyer and terminer, to be 
held by such commissioners as the governor might from 
time to lime appoint. These alterations were nega- 
tived in the lower house. On the third reading, the 
upper house insisted on their amendments ; they ob- 
served, it was highly improbable, that the chief justice 
could attend the courts of four districts with regularity, 
even if no accident happened that might detain him at 
home ; that the moderate provision made for the assistant 
judge of the district of Salisbury, and the hberty allowed 
him to practice as an attorney in the courts of other dis- 
tricts, were liable lo many and palpable objections ; that 
the king had, by his prerogative, the right to appoint 
at pleasure courts of oyer and terminer, and direct 
commissions to any person he pleased ; a right which 
had never been contested as productive of any bad effect 
to the subject, and although he needed not the authority 
of an act to exercise this prerogative, it was doubted 
wlK:ther such courts could enforce the attendance of 
jurors. 

The lower house admitted the advantage which the 
province would derive from having associate justices, 
and would rejoice to obtain such officers, if it could be 
done on a footing that would allow the probability of 
their answering the end of theii' appointment ; but they 



168 CHAPTER . [1762 

believed it better to submit to all the inconveniences 
mentioned in the message of the upper house, than to 
run the risk of having men obtruded upon them, 
strangers to their laws, holding their offices on the pre- 
carious tenure of the pleasure of the commander in chief. 
They offered to concur with the amendment relating to 
courts of oyer and terminer, provided the governor 
should be authorized to grant commissions for holding 
those courts to the chief justice and assistant judge ; 
they declared themselves willing to increase the salary of 
the assistant judge, and saw no inconveniency in allow- 
ing him to act as an attorney out of his court, a practice 
not uncommon in the mother country. 

The upper house next proposed to pass the bill, if 
to the clause appointing the assistant judge of the dis- 
trict of Salisbury, one was substituted, providing for the 
appointment of an associate justice for the whole pro- 
vince, with as handsome salary and equal powers as those 
of the chief justice ; and on the refusal of the upper house 
to concur with this proposition, the bill was rejected. 

Another was then introduced, passed both houses 
and received tiie governor's assent, establishing a 
court, to be stiled the superior court of justice, in 
the districts of Edenton, Newbern, Wilmington, Hal- 
ifax and Salisbury, to be composed, in the first four 
districts, of the chief justice and one associate, 
appointed for each district, and in the latter dis- 
trict, of the chief justice and an assistant judge. 
The sessions of the court were to be semi-annual; 
the chief justice was allowed twenty-six pounds for 
each court he held, besides fees, and the assistant 
judge twenty-five pounds, the associate justices 
were to receive neither salary nor fees, except 



1762] THE SIXTH. 169 

when holding the court in the absense of the 
chief justice, when they were to receive twenty-six 
pounds. No suit was allowed to be brought in the 
superior court in cases in which the sum in dispute 
was less than ten pounds. The act was to be in 
force for two years. 

An inferior court was establishmed in each coun- 
ty, composed of justices of the peace; it was to 
be held quarterly, and its jurisdiction was confined 
to personal actions, wherein the sum claimed was 
more than four and less than twenty pounds. The 
act establishing it was limited in its duration to the 
same period as the superior court act. 

While the bill was on its second reading in the 
upper house, it was amended by the insertion of a 
, clause, providing, that a part of it, inflicting apenal- 
ty, in a certain case, shouldn ot be construed to ex- 
tend to persons, qualifying under a general commis- 
sion of the peace. This amendment was stricken 
out in the lower house, and when it was on the third 
reading in the upper, the reinstatement of the 
amendment \vas insisted on. The lower house re- 
plied, that the amendment was unnecessary, as they 
knew of no such commissions in use in the pro- 
vince, the introduction of them could have perni- 
cious consequences, and they were of opinion, that 
they were against law. 

The upper house, in a second message said, they, 
saw, with surprise and concern, a manifest want of 
decorum and decency in the language of the lower 
house, in taxing them, as a branch of the legislature, 
with insisting upon the introduction of commissions 

N. CAKO. II. 22 



170 CHAPTER' [1762 

unknown, contrary to law and pernicious in their 
consequences, charges, which they could not pass 
over in silence, while they were convinced, that the 
house could not be ignorant, that general commis- 
sions, to enable the members of the king's council 
and the officers of the crown, to act as conservators 
of the peace, in the several counties of the province- 
were neither unknown, contrary to law nor pernicious 
in their consequences: they insisted on their amend- 
ment. 

The lower house expressed their sorrow, that 
their message should have been so misunderstood, 
as to be thought void of decency and decorum; and 
if the mode of expression alone v. as to justify the 
singular complexion of the message of the upper 
house, they despaired of ever being able to avoid the 
imputation of a want of decency or decorum. 

They expressed their full satisfaction, that gen- 
eral commissions, to enable the members of the 
king's council and the officers of the crown to sit 
as judges of the inferior courts, were not only alto- 
gether unnecessary, but as they could be of little 
benefit, and might be prejudicial to the public; they 
thought the introduction of them ought to he avoid- 
ed. It was needless to make it a question, whether 
they were against law, no part of the bill tending to 
invalidate them, and, if they should be against the 
constitution (and the house thought they were) it 
would be improper to give a sanction to them: they 
therefore, declined reinstating the clause. 

The upper house disclaimed any intention of ob- 
taining any sanction for general commissions, or of 



1762] THE SIXTH. 171 

sitting as judges of any inferior court, without first 
qualifying in the mode prescribed by the bill; they 
said, that such commissions had been in use in the 
province as well as in many others, and required 
no sanction, but that of the prerogative from which 
they flowed: they only insisted that the persons, act- 
ing under them, should not be liable to the penalty. 
They proposed, that the expression should be vari- 
ed and the clause declared not to be construed to 
extend to members of the king's council, secretary, 
attorney general, &c., qualifying in council under a 
general commission of the peace. 

They added, that they had been induced to send 
this second message, solely from a consideration of 
the utility of the bill, and, if the house did not choose 
to concur, after this explanation, they hoped they 
would not, in the judgment of unprejudiced persons, 
be blamed for the fatal efTects that might flow from 
an ill judged obstinacy. 

The lower house proposed, that, the section, to 
which the clause was proposed to be added, should 
be wholly stricken out, or be confined to justices of 
the inferior courts, or justices of the peace for any 
county in the province. 

They observed, that, as either of these alterna- 
tives would clearly and fully exempt general com- 
missioners of the peace, when properly established, 
from the penalty to which ordinary justices of the 
peace, misbehaving themselves might be subjected; 
they hoped the upper house, if they did not accede 
to one of the propositions, would offer some other 
mode, M'hich did not obliquely ratify a commis- 



172 CHAPTER [1762 

sion, which, it was believed, had not, and for any 
thing that was known, would never have an exis- 
tence. 

They concluded, that whatever might be the con- 
sequence of the dispute, they would have the satis- 
faction to think it had not its rise with them, and 
doubted not, that, if the bill miscarried, every unpre- 
judiced person would easily distinguish between 
abetting and opposing a measure, that must be con. 
fessed a novelty in the constitution. 

The altercation ended by an acceptance, on the 
part of the upper house, of the second alternative. 

Provision was made for the establishment of an 
orthodox clergy, and encouragement held out to 
pious and learned ministers to settle in the pro- 
vince. An act was passed, introducing valuable 
improvements in the management of the estates of 
orphans and the care of their persons; the negocia- 
bility of promissory notes, the relief of poor debtors, 
the extension of public roads and the destruction of 
vermin. 

The county of Anson was divided, and the upper 
part of it erected into a distinct county, to which the 
name of Mecklenburg was given, in honor of the 
new queen. 

A number of stores had been established at a 
commodious landing, on the north side of Neuse 
river, in the lower part of the county of Dobbs; and, 
at the request of individuals who had removed 
thither, a town was established on this convenient 
spot; it was called Kingston, a name which, after 
the revolution, was imagined would be rendered 



1762] THE SIXTH. 17 






more agreeable, by being deprived of its fourth 
letter. 

The trade of the counties of Anson and Rowan, 
which began to increase, was observed to center 
in Charleston, with a view to prevent a division of 
the wealth of this part of the province, and cause it 
to flow down towards Wihnington, a town was es- 
tahhshed on the north west side of Cape Fear riverj 
it was called Campbelton. This is one of the very 
few instances, in which the expectations of the legis- 
lature, in establishing a town, were not deceived. 
The spot afforded a convenient landing, the stores, 
however, were chiefly built at the distance of one 
milfc from the river, at a place called Cross creek. 
In the year 1784, the place was called Fayetteville, 
in compliment to a French nobleman, who distin- 
guished himself by his zeal for the American cause, 
during the revolutionary war. 

The houses united in an address to the king, for 
the removal of the seat of government from Tower 
Hill to Newbern, a measure in which, however, 
they were far from being unanimous. In the upper 
house John Rutherford, Lewis Henry, de Rosset and 
John Sampson, protested against the resolution for 
concurring with the other house. 

The protest admitted the propriety of removing 
the seat of government from Tower Hill; but deni- 
ed the expediency of fixing it, for the present, at 
any place, more particularly at Newbern; for, the 
southern boundary of the province being, as ye\, 
unascertained, and the territorial controversy with 
South Carolina not likely to be soon terminated, the 



174 CHAPTER [1763 

step appeared precipitate, and perhaps indecent, 
"while the contested points were soon to be laid be- 
fore the throne, for the royal determination. The 
impropriety of fixing the seat of government was in 
their judgment giaring, the town of Newbern, being 
neither central nor on the best navigation, and de \ 
ficientin good water. 

The measure was carried in the lower house by 
a very small majority, and in the other by the cast- 
ing vote of the president, James Hasel. The mem- 
bers who voted for it, were Richard Spaight, Henry 
E. M'CuUough and Alexander M'Cullough. 

The definitive treatv between their Britannic, 
most Christian and Catholic majesties, was signed at 
Paris, on the 10th of February. 

On the 5th of March, a charter was granted to the 
town of Wilmington, its precincts and liberties, con- 
stituting a borough, with a mayor and aldermen's 
court, having a limited jurisdiction of suits between 
the inhabitants and transient persons, not residing in 
the province, with other privileges. The same favor 
was afterwards granted to the towns of Newbern, Eden- 
ton and Halifax. 

As the removal of the French and Spaniards from 
the vast extent of country which extended between 
the province of Georgia and the river Mississippi, which 
were now ceded to Great Britain, caused an alarm and in- 
creased the jealousy of the neighboring tribes of Indians, 
the ministry thought it indispensably necessary to take 
the earliest steps to prevent their receiving any unfavora- 
ble impression, to gain their confidence and good will, 
without which, it would be impossible for the nation to 
reap the full benefit of its acquisitions in that part of the 



1763] THE SIXTH. 175 

world. It was believed the French and Spaniards, in 
Louisiana and Florida, had long, and too successfull}^, 
inculcated an idea among the Indians, that the English 
entertained a settled design of extirpating the whole In- 
dian race, with a view to possess their lands; and that the 
first step towards carrying this design into execution, 
would be to expel the French and Spaniards, the real 
friends and protectors of the Indians. With a view of 
preventing the ill effects of those suggestions, the gov- 
ernors of Virginia, the Carolinas and Georgia, were di- 
rected, without loss of time, to invite the chiefs of the 
Creeks, Choctaws, Chickasaws, Cherokees and Cataw- 
bas, to a meeting with them and the superintendant of 
Indian affaires, for the southern department at Augusta, 
in the province of Georgia, to apprise the Indians, in the 
most prudent and delicate manner, of the change which 
was about to take place. It was recommended in doing 
this, not only to avoid every expression which might 
awake the fears, or point out the dependence of the In- 
dians upon the British, but to use every means to quiet 
their apprehensions and gain their good opinion. 

For this purpose, the governors were directed to recur 
to the original causes of the war with the French, to 
mention and dwell upon the several cruelties they exer- 
cised during the course of it, the arts they employed, the 
groundless stories they propagated among the Indians, 
in order to excite their jealousies, to alienate their affec- 
tions from the English and to provoke them to commit 
such violences, as the king was at last compelled to re- 
sent: that, by the same insidious arts, they had so far 
wrought upon the credulity of the Spaniards, as to in- 
volve them in their quarrel and its consequences; that, 
through the special favor of providence, the wisdom of 



1 70 CHAPTER [1763 

the king and the courage of his troops, all their mischiev- 
ous practices had been discovered and defeated. 

They were advised to impress on the minds of the In- 
dians, that in order to prevent the revival of such distur- 
bances and troubles, by repetitions of the same danger- 
ous proceedings, the king had found himself obliged to 
insist, in the treaty of peace, that the French and Span- 
iards sh< )kid be removed beyond the river Mississippi, to 
the end, that the Indians and his people might, hereafter, 
live in peace and brotherly friendship together; and that 
the English felt a particular satisfaction in the opportu- 
nity, which their successes afforded them, of giving to 
the Indians the most uncontrovertible and substantial 
proofs of their good intentions and cordial desire to 
maintain a sincere and friendly correspondence with 
them: that those proofs would consist, first, of a total 
forgiveness and oblivion of all past offences, fully per- 
suaded that they were entirely owing to the deceiving 
arts of the French and no ways to be attributed to any 
ill will in them ; secondly, of opening and carrying on 
as large a traffic with them as would supply all their 
wants: thirdly, of a constant attention to their interests 
and a readiness, upon all occasions, to do them com- 
plete justice, and lastly, of the most solemn assurances, 
that those forte, now ceded to the king, by means of 
which the French really did intend to subvert their lib- 
erty, and accomplish these evil designs which they 
imputed to the English, should never be employed, but 
to protect and assist them and to serve for the better 
convenience of commerce and Jhe cultivation of friend- 
ship and good will between them and the king's sub- 
jects. 



n€3J THE SIXTH. ' 177 

The minister added, that should the Indians retain any 
jealousy or suspicion, that the forts, situated in the heart 
of their country, such as Alabama, Tombigbee and fort 
Loudon, might be made use of for purposes unfavora- 
ble to them, and expressed a desire, that they should be 
demolished, he made no doubt, but that their represen- 
tations, on that head would be most graciously received 
- and that the king would readily comply with any rea- 
sonable request of theirs, in order to give the most satis- 
factory proofs of his intention to fulfil the friendly de- 
clarations which his governors were instructed to make, 
in his name, to the Indians, of the sincerity of which, it 
was highly important, they should be convinced, in or- 
der to prevent those evils, which would necessarily 
happen, if their thorough confidence in the king's go- 
vernment was not established on a solid and secure 
footing. 

In order to try every possible method which might 
contribute towards this object, goods, to the amount 
of five thousand pounds sterling, were purchased and 
shipped towards Charleston, to be distributed in pre- 
sents among the Indians, at the intended meeting at 
Augusta. 

In the latter part of the spring, the king's proclama- 
tion was published in America, for the establishment 
of the provinces of Quebec, East and West Florida. 

On the 5th of April, a resolution was introduced into 
parliament, fo^ a stamp act in America. The minister, 
however, withdrew tl.e resolution, to allow time for the 
colonists to petition against it, when brought forward at 
the next session. 

On the 9th of July, lord Egremont addressed a cir- 
cular letter to the governors of the American provinces, 

N. CARO. H. 23 



178 CHAPTER [1763 

informing them, that it appearing, that the public reve- 
nue had been greatly diminished and the fair trader 
much prejudiced, by the fraudulent method, used to 
introduce, into the king's dominions, on the continent 
of America, contrary to several statutes of the British 
parliament, commodities of foreign growth, in national 
as well as foreign bottoms, by means of small vessels, 
hovering on the coast, and that this iniquitous practice 
had been carried on to such an extent in America, it 
had been found necessary, at the last session of parlia- 
ment, to pass a statute for the improvement of the 
king's customs, the encouragement of officers making 
seizures and the prevention of the contraband trade, 
by which the former statutes, on these subjects, were 
enforced and extended to the British dominions in all 
parts of the world, and the king having it extremely at 
heart to put an end to all practices of this nature, by a 
punctual and vigorous execution of the laws, made for 
this salutary purpose, and having ordered, that the most 
effectual steps should be taken for obtaining that end, 
the commanders of his ships, stationed in America, 
would be vested, for the future, with the necessary and 
legal powers, from the commissioners of the customs, 
to carry into execution the several statutes, relating to 
the seizure and condemnation of any ship that should 
be found transgressing against them. The governors 
were requested, not only to co-operate with, and assist 
to the utmost of their power, the commanders of the 
king's ships, in the execution of the powers and in- 
structions^ given them by the commissioners of the cus- 
toms, but to use their utmost endeavors, by the most 
assiduous and impartial execution of the laws, to put 



17631 THE SIXTH. 179 

an effectual stop to the clandestine running of goods 
into any part of their respective governments. 

In the conclusion of this circular, lord Egremont ob- 
served, that it was incumbent on him to say, that the 
king would not pass over, unnoticed, any negligence or 
relaxation, on the part of any person employed in his 
service, on a matter on which he laid so much stress, 
and in which the fair trade of all his subjects was so es- 
pecially entrusted. 

After the peace, the Reverend Joseph Alexander, D. 
D., a minister of the presbyterian church, removed from 
Pennsylvania to South Ca^'olina, and was eminently in- 
strumental in planting churches, both in this province 
and in North Carolina, at that early period of the settle- 
ment of the back country, when both provinces were 
in a ver\^ destitute condition, with respect to religious 
instruction. 

In the fall, governor Dobbs sat off for Augusta, in 
order to attend a congress of the governors of the south- 
ern provinces. During his absence, the government of 
the province devolved on James Hasell, the counsellor 
first named in the king's instructions. This gentleman 
qualified as commander in chief, on the 15th of October. 

The Creek, Choctaw, Chickasaw, Upper and Lower 
Creek, and Catawba nations of Indians, sent some of 
their chiefs to Augusta, where a treaty was concluded, 
and their respective territorial claims adjusted, the boun- 
daries of their lands ascertained, and regulations adopted 
to secure the trade and good understanding, between 
the red and white people. 

Governor Dobbs, on his return to the province, met 
a new legislative body, on the 3d of February, at Wil- 
mington. After communicating to the houses, the 



180 CHAPTER [1764 

success of his journey to the province of Georgia, he in- 
formed thena, that having no orders to require any aid, 
he had only to recommend, that the men raised for Fort 
Johnston and Fort Granville, might be kept in pay, to 
take care of the forts and stores, until the king gave or- 
ders for tlieir being garrisoned by regular troops. He 
drew the attention of the legislature, to the great quantity 
of worn out, defaced and counterfeited bills in circulation: 
and recommended an emission of paper money, by which 
the former bills might be taken out of circulation and 
replaced. He deplored the great want of clergy- 
men in the parishes; twenty-four out of thirty, be- 
ing without a minister, and recommended, that the 
salary of clergymen might be levied in all, even those 
that were unprovided with one, in which the money thus 
raised, might be appropriated to the purchase of glebes 
and the erection of churches. He again urged the al- 
lowance of a bounty, on the exportation of hemp and 
flax. 

The lower house replied, that an emission of paper 
money would be attended with a considerable expense, 
and it would suffice, if the sheriffs and treasurers were to 
exchange such ragged and torn bills as might be offered 
to them, and these were burnt at the meeting of 
the legislature. They admitted the great want of cler- 
gymen; but added, sufficient provision was already 
made, in proportion to the ability of the people ; and 
there v^ere large sums appropriated for the purchase of 
glebes and the establishment of schools, under a sus- 
pending clause, until the king's pleasure was known, 
which had been borrowed for the service of the late war, 
and since, in part, for contingencies. 



1764] THE SIXTH. ^ 181 

The governor laid before the house a letter from lord 
Egremont, of the 27th of November, 1762, directing 
him to express to the assembly, his high disapprobation 
of their conduct, and undutiful behaviour in obstinately 
persisting to refuse any aid, or to raise men for recruit- 
ing the troops, whereby they had incurred the king's 
displeasure. The letter concluded, by communicating 
the king's approbation of governor Dobbs' resolution, 
to raise the one hundred and thirty-four recruits requi- 
red by Sir JefFry Amherst, notwithstanding the assembly 
had refused to concur in any measure for that purpose. 

In the message, by which this letter was communica- 
ted, the governor expressed his hope, the house would 
approve of his having advanced his money, for a service 
which was so agreeable to the king, and the drafts for 
four hundred pounds sterling, which he had drawn upon 
the asfents in London, for his own reimbursment. The 
house resolved, viva voce^ that they could not approve 
of the governor's drafts. 

On the third reading of a bill, for defraying the expen- 
ses of the members of the legislature, the lower house 
substituted the word board, for the word housCy 
as applied to the upper house. The members of 
the latter were much nettled at the alteration, and a 
preliminary message was sent, to know whether the 
house would adhere to it. It was answered, that the 
words board and house, appeared, on examination, to 
have been indiscriminately used in reference to the upper 
house; but, to prevent misunderstanding, the lower 
house were willing, if the word board was disagreeable 
to the members of the other, to sul)stitute for it, the 
word council. 



182 CHAPTER [1764 

The upper house replied, that to debate about words 
would be frivolous, if they did not tend to introduce a 
dispute about things and powers, and as the house was 
determined to maintain and support firmly, the powers 
and authorities with which the king had invested them, 
they should not permit the lower house to call them by 
any other name, less respectable than that of house; and 
if the bill was not amended by reinstating that word, they 
would not pass that, or any other bill, nor act on any re- 
solve or estimate. 

The lower house expressed their concern, that a 
name, in every respect dignified and honorable, imply- 
ing wisdom and defiberation, and which his majes